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Full text of "North Carolina Register v.11 no. 3 (5/1/1996)"



" NORTH CAROLINA 

REGISTER 



VOLUME 11 • ISSUE 3 • Pages 101 - 180 

May 1,1996 



IN THIS ISSUE 

Administrative Hearings, OflBce of 

Environment, Health, and Natural Resources 

Human Resources 

Labor 

Real Estate Commission 

Revemie 

Social Work, Certification Board for 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of AdministrnHve Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



RECEIVED 



MAY 13 1996 

KATHRINE R. EVERETT 
LAW LIBRARY 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 



IN THIS ISSUE 




Volume 1 1 , Issue 3 
Pages 101 - 1 80 



May 1, 1336 



This issue contains documents officially 
filed through April 10, 1996. 



I. IN ADDITION 

Environment, Health, and Natural Resources 

Wildlife Resources Commission 104 

Human Resources 

Medical Assistance 101 - 103 

Rules Review Commission 105 

n. RULE-MAKING AGENDA 
Labor 

Occupational Safety and Health 106-108 

in. RULE-MAKING PROCEEDINGS 
Administrative Hearings, Office of 

Hearings Division 110 

Environment, Health, and Natural Resources 

Environmental Management 109 - 110 

Marine Fisheries 1 10 

Human Resources 
Facility Services 109 

IV. PROPOSED RULES 
Human Resources 

Social Services Commission 111-113 

Licensing Boards 

Real Estate Commission 114-118 

Social Work, Certification Board for 118 

Revenue 

Corporate Income and Franchise Tax Division . . 113-114 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919) 733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

James R. Scarcella Sr., Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Teresa Kilpatrick, Editorial Assistant 

Jean Shirley, Editorial Assistant 



V. TEMPORARY RULE 
Labor 

Occupational Safety and Health 119-153 

VI. RULES REVIEW COMMISSION 154-161 

Vn. CONTESTED CASE DECISIONS 

Index to AU Decisions 162-165 

Text of Selected Decisions 

95 ABC 1251 166-167 

95 EHR 0320 168-172 

94 OSP 1044 173-179 

VIII. CUMULATIVE INDEX 1-13 





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IN ADDITION 



TITLE 10 - DEPARTMENT OF HUMAN RESOURCES 
DIVISION OF MEDICAL ASSISTANCE 



This list is published in accordance with the federal Social Security Act, Section 923, Paragraph (c) which requires states 
to publish at least annually the name of each hospital qualifying for a Medicaid Disproportionate Share payment 
adjustment and the amount of such payment adjustment made for each such hospital. 



Disproportionate Share Payments 
State Fiscal Year 1995 







TOTAL 


Provider Name 


Number 


SFY 1995 



Cabarrus Memorial 
Memorial Mission Hospital 
Northern Hosp of Surry Co 
Annie Perm 

Scotland Memorial Hospital 
Presbyterian Specialty Hosp 
Wayne Memorial Hospital 
Blue Ridge Hosp Sys Inc 
Rutherford Hospital 
Forsyth Memorial Hospital 
Rowan Memorial Hospital 
C J Harris Community Hosp 
Stokes Reynolds Hospital 
Cleveland Memorial Hosp 
Bladen County Hospital 
Park Ridge Hospital 
Sampson County Memorial 
Haywood County Mem 
Lenoir Memorial Hospital 
Cape Fear Valley Hospital 
Duke Univ Medical Center 
Gaston Memorial Hospital 
Richmond Memorial Hospital 
Kings Mountam Hospital 
Pitt County Memorial 
Caldwell Memonal Hospital 
Onslow Memonal Hospital 
Alleghany Co Mem Hospital 
N.C. Baptist Hospital 
Southeastern General 



11:3 



NORTH CAROLINA REGISTER 



3400001 




5,676 


3400002 




1,370,530 


3400003 




27,027 


3400007 




8,307 


3400008 




105,401 


3400009 




2,019 


3400010 




74,458 


3400011 




7,849 


3400013 




32,221 


3400014 




2,225,585 


3400015 




63,157 


3400016 




37,348 


3400019 




1,693 


3400021 




42,371 


3400022 




16,824 


3400023 




94,156 


3400024 




31,516 


3400025 




8,721 


3400027 




73,479 


3400028 




492,259 


3400030 




2,894,875 


3400032 




120,407 


3400035 




51,302 


3400037 




6,695 


3400040 




939,899 


3400041 




27,131 


3400042 




14,618 


3400044 




2,430 


3400047 




2,761,314 


3400050 




159,508 


R 


May 1, 1996 


101 



IN ADDITION 



Presb}lenan Hospital 
UNC Hospitals 

Montgomery Memorial Hospital 
Wilkes Regional 
Chowan Hospital 
Columbus County Hospital 
Wake Medical System 
Alamance Memonal 
Bets\' Johnson Memonal 
Grace Hospital 
Anson Count Hospital 
Commumt)' General 
McDowell Hospital 
Transylvama Hospital 
Pungo District Hospital 
Johnston Memorial Hospital 
Moses Cone Memorial 
Cape Fear Memonal Hospital 
Lexington Memorial Hosp 
Mercy Hospital Inc 
Roanoke Chowan Hospital 
Heritage Hospital 
Albemarle Hospital 
Washmgton County 
Carolinas Medical 
Moore Regional Hosp 
Stanly Memonal Hosp 
Duplm General Hospital 
Good Hope Hospital 
Wilson Memonal Hospital 
Granville Medical Center 
Union Memonal 
Craven Regional 
Maria Parham Hospital 
Martm General Hospital 
John Umstead 
Broughton 
Dorothea Dix 

New Hano\'er Memonal Hosp 
LmcoLn County 
Nash General Hospital 
Halifax Memorial Hospital 
Western Carolma Center 
Brunswick County Hospital 
Murphy Medical Center 
Amos Cottage Rehab Hospital 
Amos Cottage 
Youth Care Psychiatric 
Charlotte Rehabilitation 



3400053 

3400061 

3400063 

3400064 

3400065 

3400068 

3400069 

3400070 

3400071 

3400075 

3400084 

3400085 

3400087 

3400088 

3400089 

3400090 

3400091 

3400094 

3400096 

3400098 

3400099 

3400107 

3400109 

3400112 

3400113 

3400115 

3400119 

3400120 

3400124 

3400126 

3400127 

3400130 

3400131 

3400132 

3400133 

3400136 

3400137 

3400138 

3400141 

3400145 

3400147 

3400151 

3400154 

3400158 

3400160 

3400170 

3400500 

3400501 

3402003 



2,827 

38,806,777 

7,448 

28,077 

34,490 

35,868 

1,745,710 

44,596 

23,688 

10,517 

7,142 

33,839 

22,522 

97,836 

4,746 

35,182 

1,506,818 

641,204 

6,864 

1,229 

43,561 

78,100 

31,114 

27,117 

66,666,586 

147,929 

9,477 

59,405 

14,813 

64,796 

11,617 

40,390 

113,001 

36,013 

10,192 

2,790 

4,831 

20,989 

1,254,179 

19,092 

122,551 

64,205 

1,771 

48,753 

13,169 

503,109 

26,678 

92,509 

62,786 



102 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



IN ADDITION 



Thorns Rehabilitation 3403025 39,917 

Dorothea Dix 3404001 33,509,240 

Broughton 3404002 28,396,433 

Cherry 3404003 36,205,147 

John Umstead 3 404004 3 1 ,3 3 1 ,487 

Charter HospAVinston Salem 3404006 10,315 

Cumberland 3404010 47,335 

Charter Hosp of Greensboro 34040 1 5 1 6,36 1 

HSA Brynn Marr 34040 16 3 9,65 1 

Charter North Ridge 3404018 7,849 

CPC Cedar Springs 3404020 2,230 

J,C.M.C.H. Johnson City Med 4400063 922 

Sentara Norfolk General Hosp 4900007 5,065 

Prince William Hospital 4900045 1,323 

National J Center 9603302 381 

Grand Total $254,001,335 



11:3 NORTH CAROLINA REGISTER May 1, 1996 103 



IN ADDITION 



North Carolina Wildlife Resources Commission 

512 N. SaUsbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 
Charles R. Fullwood, Executive Director 

PROCLAMATION 

Charles R. Fullwood, Executive Director, North Carolina Wildlife Resources Commission, acting pursuant 
to North Carolina General Statute §113-292 (cl) and authority duly delegated by the Wildlife Resources 
Commission, hereby declares that the season for harvesting striped bass by hook-and-line shall close in all waters of 
the Roanoke River Striped Bass Management Area downstream of the Edwards Ferry Boating Access Area at US 
258 bridge on the Roanoke River in Halifax County at 12:00 midnight on Wednesday, April 10, 1996. 

In the Roanoke River and its tributaries upstream of the Edwards Ferry Boating Access Area at US 258 
bridge striped bass may be harvested from 12:01 a.m. on Saturdays through 12:00 midnight on Sundays, and from 
12:01 a.m. through 12:00 midnight on Wednesdays. On all other days all striped bass caught, regardless of 
condition, shall be immediately returned to the waters where taken and no striped bass may be possessed. 

The Roanoke River Striped Bass Management Area is defined as the inland and joint fishing waters of the 
Roanoke River and its tributaries, extending from its mouth to Roanoke Rapids Dam, including the Cashie, Middle, 
and Eastmost rivers and their tributaries. 

This proclamation shall be effective at 12:00 midnight, April 10, 1996 and shall remain in effect until a 
new proclamation opening described waters or portions thereof for striped bass fishing is issued. 

This proclamation supersedes and replaces all prior proclamations. 

NOTES: 

a) This Proclamation is issued under the authority of N.C.G.S. §§113-132; 113-134; 113-292; 113- 
304; and 113-305. 

b) All striped bass regardless of condition caught during the closed season shall be immediately 
returned to the waters where taken and no striped bass may be possessed. 

c) Any person who violates this Proclamation also violates applicable law and is subject to the 
sanctions provided by law. 

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION 

by: Charles R. Fullwood Date: 04/01/96 

Executive Director 



104 NORTH CAROLINA REGISTER May 1, 1996 11:3 



IN ADDITION 



PUBLIC NOTICE 
RULES REVIEW COMMISSION 

The Rules Review Commission is proposing to adopt rules of order for its consideration of rules pursuant to 
Part 3 of Article 2A of Chapter 150B of the General Statutes. Among the issues proposed to be addressed are the 
following: 

(1) ex-parte oral communication with Commission members; 

(2) submission of written comments to the Commission; 

(3) requirement for notice prior to oral presentations before the Commission; 

(4) limitations on oral presentations; 

(5) withdrawal of rules after they have been submitted to the Commission; 

(6) submission of rewritten rules by agencies at the same meeting at which the Commission objects to the 
originally submitted rules; 

(7) requirement that rewritten rules be accompanied by some written indication that they are submitted 
either by the rulemaking agency directly, or under its specific delegation; 

(8) requirement that all technical changes and rewritten rules be submitted to the Commission by a 
specified deadline in order to be considered at a meeting. 

Persons desiring to submit written comments on these issues or other issues relating to rules of order for the 
consideration of rules by the Commission should address them to Joseph J. DeLuca, Jr. , Rules Review Commission, 
1307 Glenwood Avenue, Suite 159, Raleigh, NC 27605. Only comments received by 5 pm on May 13, 1996 will be 
forwarded to the Commission members. Oral comments may be submitted to RRC staff but will not be forwarded to 
Commission members. 



11:3 NORTH CAROLINA REGISTER May 1, 1996 105 



RULE-MAKING AGENDA 



TITLE 13 - DEPARTMENT OF LABOR 

CHAPTER 7 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH 

SUBJECT: Guidelines for Fire Departments 

RULE CITATION: 13 NCAC 07F 

STATUTORY AUTHORITY: G.S. 95-131; 95-148 

DIVISION: Division of Occupational Safety and Health/NC Dept. of Labor 

DIVISION CONTACT/TELEPHONE: Jill F. Cramer/(919) 662-4581 or 1-800-LABORNC 

DATE ENTTIATED: January 15, 1996 

DURATION OF RULE: Permanent 

TYTE OF RULE: Adoption of standards for fire department safety and health. 

STAGE OF DEVELOPMENT: Concept stage 

GOV LEVELS AFFECTED: NC Fire and Rescue Commission; Municipal and local government fire departments 
except for those specifically excluded under G.S. 95-148. 

REASON FOR ACTION: Standards for adoption and regulations for incorporation have been recommended by the 
NC Fire and Rescue Commission pursuant to G.S. 95-148. 

SCOPE/NATURE/SUMMARY: A uniform system of standards would be provided for municipal and local govermnent 
fire departments to establish and maintain a congruent and comprehensive safety and health program under the 
Occupational Safety and Health Act of North Carolina. 



CITATION TO EXISTESfG RULE AFFECTED: Unknown 



SUBJECT: Reformatting all rules under Subchapter 7F - Standards of Title 13. 

RULE CITATION: 13 NCAC 07F 

STATUTORY AUTHORITY: G.S. 95-131; 95-133 

DIVISION: Division of Occupational Safety and Health, NC Dept. of Labor 

DIVISION CONTACT/TELEPHONE: Jill F. Cramer, (919) 662-4581 or 1-800-LABORNC 

DATE INFTIATED: January 15, 1996 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendment to format only; no substantive amendments. 

STAGE OF DEVELOPMENT: Concept Stage 

GOV LEVELS AFFECTED: None 

REASON FOR ACTION: To simplify the structure of the standards and make the state regulations more 
understandable and accessible. 

106 NORTH CAROLINA REGISTER May 1, 1996 11:3 



RULE-MAKING AGENDA 



SCOPE/NATURE/SUMMARY: This will be an overhaul of all subsections of Subchapter 7F of Title 13, Division 
of Occupational Safety and Health, NC Department of Labor, except 7F .0102, Life Safety Code. 

CITATION TO EXISTING RULE AFFECTED: 13 NCAC 07F .0101, .0201, .0301, .0501 and .0502. 



SUBJECT: Construction Standards, Subpart U, Blasting & Use of Explosives 

RULE CITATION: 13 NCAC 07F .0201 

STATUTORY AUTHORITY: G.S. 95-131; 95-133 

DIVISION: Division of Occupational Safety and Health, NC Dept. of Labor 

DIVISION CONTACT/TELEPHONE: Jill F. Cramer, (919) 662-4581 or 1-800-LABORNC 

DATE INITIATED: December 6, 1995 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendments to Subpart U of the Occupational Safety and Health Construction Standards. 

STAGE OF DEVELOPMENT: In-house review stage. 

GOV LEVELS AFFECTED: Department of Transportation and Department of Insurance, Building Code Council 

REASON FOR ACTION: To amend the current standard to reflect recent developments in blasting safety, and to 
integrate current blasting techniques and explosives technology into the standards. A draft proposal was submitted to 
the Division of Occupational Safety and Health by the NC Utility Contractors Association. The draft, which has been 
reviewed by the International Makers of Explosives, the National Utility Contractors Association and the Associated 
General Contractors of America, was submitted to the OSH Advisory Council pursuant to procedures established at 13 
NCAC 07A .0512. 

SCOPE/NATURE/SUMMARY: This will be an amendment to one subpart of the OSHA Construction standards to 
update Subpart U. It will incorporate more current blasting techniques and provide for more current safety precautions 
in the use of explosives. 

CITATION TO EXISTING RULE AFFECTED: Unknown 



SUBJECT: Agriculture Standards, 29 CFR 1928 

RULE CITATION: 13 NCAC 07F .0301 

STATUTORY AUTHORITY: G.S. 95-131; 95-133 

DIVISION: Division of Occupational Safety and Health, NC Dept. of Labor 

DIVISION CONTACT/TELEPHONE: Jill F. Cramer, (919) 662-4581 or 1-800-LABORNC 

DATE INITL\TED: January 15, 1996 

DURATION OF RULE: Permanent 

TYPE OF RULE: Amendments to the current Agriculture standards. 



11:3 NORTH CAROLINA REGISTER May 1, 1996 107 



RULE-MAKING AGENDA 



STAGE OF DEVELOPMENT: Concept stage 

GOV LEVELS AFFECTED: Unknown 

REASON FOR ACTION: Agricultural operations in the State of North Carolina have gravitated away from the 
traditional farm and have become more industrialized in recent years. There is increased concern from an occupational 
safety and health perspective about worker safety on the industrial farm operations. 

SCOPE/NATURE/SUMMARY: This will be an amendment to incorporate by reference parts of the General Industry 
and Construction standards into the Agriculture standards for use by Consultation and Compliance for inspections of 
agricultural establishments. 

CITATION TO EXISTEVG RULES AFFECTED: Unknown 



108 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



RULE-MAKING PROCEEDINGS 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 3 - FACILITY SERVICES 

Notice of Rule-making Proceedings is hereby given 
by the NC Child Day Care Conunission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on 
this notice. 

Citation to Existing Rules Affected by this Rule- 
Making: 10 NCAC 03U .0604. Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: G.S. 110-85(2); 110- 
91(3), (6) 

Statement of the Subject Matter: General Safety 
Requirements 

Reason for Proposed Action: This Rule is being 
amended to clarify when protrusions might be allowed 
on fences. 

Comment Procedures: Questions or written comments 
regarding this matter may be directed to Jeanne 
Marlowe, APA Coordinator, Division of Child 
Development, 319 Chapanoke Rd. , PO Box 29553, 
Raleigh, NC 27626-0553; 919/662-4535. 



TITLE ISA - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND NATURAL 

RESOURCES 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

Notice of Rule-making Proceedings is hereby given 
by the Environmental Management Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on 
this notice. 

Citation to Existing Rules Affected by this Rule- 
Making: 15A NCAC 2B .0223 and .0229. Other rules 
may be proposed in the course of the rule-making 
process. 



Authority for the rule-making: G. S. 143-214. 1 

Statement of the Subject Matter: On September 12, 
1989, the Environmental Management Commission 
(EMC) classified the Tar-Pamlico River Basin as 
Nutrient Sensitive Waters and subsequently adopted 
Phase 1 of the Nutrient Management Strategy. The 
proposed rule-making would codify the second phase of 
the Tar-Pamlico River Basin Nutrient Sensitive Waters 
Management Strategy. This strategy requires additional 
mandatory measures for point sources (wastewater 
dischargers) and encourages voluntary actions for 
nonpoint sources to achieve nutrient loading reductions 
to the Tar-Pamlico River Basin. The strategy allows 
point sources the option of joining a group of 
dischargers in the Tar-Pamlico Basin Association (the 
Association) and collectively meet the nutrient loading 
reductions. If the nutrient loading reductions are not 
met, then the Association is required tofitnd nonpoint 
source best management practices to achieve equivalent 
loading reductions. Mandatory nutrient control 
requirements for the dischargers who are not members 
of the Association are being proposed as part of the 
Phase 11 strategy. We are seeking comments on the 
mandatory nutrient control requirements for the 
dischargers who are not members of the Association. 

Reason for Proposed Action: The EMC gave the 
Division of Environmental Management staff permission 
to proceed to public hearing on the nonpoint source 
offset requirements for wastewater dischargers in the 
Tar-Pamlico River Basin who are not members of the 
Association. The proposed rule modifications and 
additions will serve to codify the EMC-approved Tar- 
Pamlico River Basin Nutrient Sensitive Waters 
Management Strategy and to allow public comment on 
the proposal to require new and expanding wastewater 
dischargers not in the Association to offset their 
additional nutrient loads by funding nonpoint source 
control programs approved by the Division of 
Environmental Management. 

Comment Procedures: The purpose of this 
announcement is to encourage those interested in this 
proposal to provide written comments. Written 
comments, data or other information relevant to this 
proposal must be submitted by July 1, 1996. It is very 
important that all interested and potentially affected 
persons or parties make their views known to the EMC 
whether in favor of or opposed to any or all provisions 
of the proposal being noticed. If you are opposed to 
any or all of this proposal , then you are encouraged to 
offer appropriate alternative proposals. Written 
comments may be submitted to: 
Dianne Reid 
DEHNR/DEM Water Quality Planning 
PO Box 29535 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



109 



RULE-MAKING PROCEEDINGS 



Raleigh, NC 27626-0535 
(919) 733-5083 extension 568 

CHAPTER 3 - MARINE nSHERIES 

Notice of Rule-making Proceedings is hereby given 
by the NC Marine Fisheries Commission in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on 
this notice. 

Citation to Existing Rules Affected by this Rule- 
Making: 15ANCAC 3M .0202, .0504, .0511. Other 
rules may be proposed in the course of the rule-making 
process. 



authority to consent to an expedited hearings ' process 
and abbreviated hearings ' procedures. 

Reason for Proposed Action: Parties in complex 
administrative litigation are in need of optional rules to 
expedite hearings at OAH. The proposed rules would 
allow parties to stipulate to a procedure to expedite the 
administrative hearing and issuance of a Recommended 
Decision. 

Comment Procedures: Interested persons may submit 
written comments regarding this subject matter to: 
Anna K. Baird, Rule-Making Coordinator, Office of 
Administrative Hearings, P. O. Drawer 27447, Raleigh, 
NC 27611-7447. Comments shall be received by OAH 
no later than 5:30 p. m. on July 1 , 1996. 



Authority for the rule-making: 

182; 113-221; 143B-289.4 



G.S. 113-134; 113- 



Statement of the Subject Matter: Rule .0202 - 
Striped bass bag and size limit; Rule .0504 - Spotted 
seatrout and weahfish bag and size limit; Rule .0511 - 
Blueftsh bag and size limit. 



Reason for Proposed Action: 

and bag limits. 



To allow different size 



Comment Procedures: Written comments may be 
submitted to Juanita Gaskill, do the Marine Fisheries 
Commission, PO Box 769, Morehead City, NC 28557. 
Comments will be received through July 1 , 1996. 



TITLE 26 - OFTICE OF ADMESTISTRATIVE 
HEARINGS 

CHAPTER 3 - HEARINGS DIVISION 

Notice of Rule-making Proceedings is hereby given 
by the Office of Administrative Hearings in 
accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the 
rule(s) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on 
this notice. 

Citation to Existing Rules Affected by this Rule- 
Making: 26NCAC3 

Authority for the rule-making: G.S. 150B-31(b) 

Statement of the Subject Matter: To adopt rules 
which would give parties in complex contested cases the 



no 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

Notice is hereby given in accordance with G. S. 
150B-21.2 that the Social Services Commission 
intends to adopt rules cited as 10 NCAC 41F .0707, 
.0813 - .0814; amend rules cited as 10 NCAC 41 F 
.0705; 42V. 0201, .0802 - .0803; and repeal rules cited 
as 10 NCAC 41F .0706, .0812. 

Proposed Effective Date: April 1, 1997. 

A Public Hearing will be conducted at 10:00 am on 
June 5, 1996 at the Albemarle Building, Room 943-2, 
325 N. Salisbury Street. Raleigh, NC 27603. 

Reason for Proposed Action: 10 NCAC 41F .0706, 
.0707, .0812, ,0813 - The adoption and repeal of these 
rules is necessary to implement revisions made by the 
1995 Session of the NC General Assembly to G.S. 
131D-10. 2 and 10. 3 requiring criminal history checks 
on foster parents. 10 NCAC 4 IF .0707 specifies the 
foster parent requirements. 10 NCAC 41 F .0813 
specifies the supervising agency requirements. 10 
NCAC 41 F .0706 and .0812 need to be repealed due to 
statutory changes for the definitions of criminal history 
and foster parent 10 NCAC 41F .0705, .0814 - In 
1995, the General Assembly passed legislation requiring 
that training be provided to foster and adoptive parents. 
It required that foster and adoptive parents participate 
in 30 hours of pre-service training and that foster 
parents participate in 10 hours annually of in-service 
training in order to maintain their foster home licenses. 
This request to adopt training requirements for adoptive 
parents and amend training requirements for foster 
parents is made to assist county departments of social 
services in implementing this legislation. 10 NCAC 
42V. 0201, .0802, .0803 - Current Administrative Rules 
for Adult Protective Services (APS) do not allow the 
county departments of social services to share needed 
information with the crimirml justice system for the 
purpose of investigations and prosecutions in abuse, 
neglect, or exploitation cases. District Attorney's 
offices and law enforcement agencies need the names of 
potential witnesses as well as other specific, relevant 
information obtained during the course of the APS 
evaluation. These amendments will allow county 
departments of social services to share information 
about an APS case with the criminal justice system. 
These rules were filed as temporary amendments 
effective December 12, 1995. 

Comment Procedures: Comments may be presented in 
writing any time prior to or during the hearing. 
Comments may also be presented orally at the public 
hearing. Time limits for oral remarks may be imposed 
by the Commission Chairman. Any person wishing to 



comment on this rule or request copies of this rule may 
call or write Shamese Ransome, Division of Social 
Services, 325 N. Salisbury Street, Raleigh, NC 27603, 
phone 919/733-3055. 

Fiscal Note: 10 NCAC 41F .0705. .0814 affect the 
expenditures or revenues of local government funds. 
Economic impact does not exceed $5,000,000. 

Fiscal Note: 10 NCAC 41F .0707, .0813 affect the 
expenditures or distributions of State Junds subject to the 
Executive Budget Act, Article 1 of Chapter 143. 
Economic impact does not exceed $5,000,000. 

Fiscal Note: 10 NCAC 41F .0706, .0812; 42V .0201, 
.0802, .0803 do not affect the expenditures or revenues 
of state or local government funds. Economic impact 
does not exceed $5,000,000. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41F - LICENSING OF FAMILY 
FOSTER HOMES 

SECTION .0700 - STANDARDS FOR 
LICENSING 



.0705 CRITERIA FOR SERVICES TO FOSTER 
FAMILY 

(a) Quarterly Visits. Visits with the foster family by 
agency staff must be made at least on a quarterly basis. 
Two of the quarterly visits within the licensing year 
must be made in the foster home for the purpose of 
discussing with the foster parents matters related to any 
services needed by the foster family and to ensure that 
minimum licensing standards continue to be met. 

(b) Tmining related to th e rooponoibiliti e o and right s 
of the fofltor family must bo provided prior to placomont 
of children in the homo and at least annually thoroaftor. 

Authority G.S. 13 ID- 10. 5; 143B-153. 

.0706 CRIMINAL CONVICTIONS 

i\n applicant ohall not b e e ligible for lio e noure as a 
foot e r par e nt if the applicant, or any memb e r of th e 
appUcant's household thirteen (13) years or older, has 
boon convicted or entered a plea of no contest to a 
crim e , and th e r e io a rolationohip b e tv ^ ' ee n the nature of 
th e crim e and the ability' of the proopeotivo foot e r par e nt 
to assure the health, safety and well being of foster 
children; provided a liconoo shall be denied if the 
appUcant or any m e mb e r of th e hous e hold thirt ee n (13) 
y e ars or older hao b e en convict e d or enter e d a ploa of 
no contest to a felony involving violent behavior, 
unlawful sexual conduct, minor children or controlled 
drugs. 



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Authority C.S. 131D-10.5; 143B-153. 

.0707 CRIMINAL HISTORIES 

An a pplicant shall not be eligible for licensure if the 
a pplicant, or any member of the a pplicant's household 
18 years of age or older, refuses to consent to any 
criminal history check required by G.S. 131D, Art. lA 
or if the Djyision of Social Services determines that the 
a pplicant, or any member of the applicant's household 
18 years of age or older is unfit, based on the criminal 
history, to have responsibility for the safety and well- 
being of children. 

Authority G.S. 131D-10.5; 143B-153. 

SECTION .0800 - LICENSING REGULATIONS 
AND PROCEDURES 

.0812 CRIMINAL BACKGROUND CHECKS 

TTio supop i 'iBing agency ohall oonduot a criminal 
background — invoetigation — through — accoas — ef — the 
Dopartmont of Corr e otiono Inmat e /Probation Inquiry 
Syotom for all m e mboro of th e foot e r family household 
thirteen (13) years and oldof at the time of initial 
application and annually thereaft e r. — The rogulta of the 
oriminal background inv e otigation shall b e reported to 
the Division of Sooial S e r>'iooo on th e application form. 

Authority G.S. 131D-10.5; 143B-153. 

.0813 CRIMINAL HISTORY CHECKS 

The sup>ervising agency shall carry out the following 
for all foster parents applying for relicensure of a 
family foster home, new foster parent applicants and 
any member of the foster parents' or prospective foster 
parents' household 18 years of age or older: 

(1) furnish the written notice as required by G.S. 
131D-10.3A(e): 

(2) obtain a signed consent form for a criminal 
history check and submit the signed consent 
form to the Division of Social Services: 

(3) obtain two sets of fingerprints on SBI 
identification cards and forward both sets of 
fingerprints to the Division of Social 
Services. Once an individual's fingerprints 
have been submitted to the Division of Social 
Services, additional fingerprints shall not be 
required; and 

£4} conduct a local criminal history check 
through accessing the Administrative Office 
of the Courts and the Department of 
Corrections Inmate /Probation Inquiry Systems 
and submit the results of the criminal history 
checks to the Division of Social Services on 
the a pplication form. 

Authority G.S. 131D-10.5; 143B-153. 



.0814 TRAINING REQUIREMENTS 

(a) In order to provide improved services to children 
and families, each agency shall provide, or cause to be 
provided, preservice training for all prospective foster 
parents. Training shall be subject to the specifications 
of Paragraph £b) of this Rule. 

(b) As a condition of licensure for foster parent 
applicants, each appUcant shall successfully complete 30 
hours of preservice training. Preservice training shall 
include the following components: 

(U General Orientation to Foster Care and 
Adoption Process: 
Communication Skills; 
Understanding the Dynamics of Foster Care 
and Adoption Process: 
Separation and Loss; 
Attachment and Trust; 
Child Development; 
Behavior Management; 
Working with Birth FamiUes and MaintaLning 
Connections; 
Lifebook Preparation; 

Planned Moves and the Impact of 
Disruptions; 

The Impact of Placement on Foster and 
Adoptive Families; 
Teamwork to Achieve Permanence: 



(2} 
£3} 

£4} 
(51 
£6} 

m 

£8) 

£21 
(10) 

£111 

(12) 
(13) 
(14) 
(15) 

£cl 



Cultural Sensitivity; 
Confidentiality; 
Health and Safety. 
Prior to licensure renewal , each foster parent 



shall successfully complete 10 hours of inservice 
training. This training may be child-specific or may 
concern issues relevant to the general population of 
children in foster care. 

(1) Each agency shall provide, or cause to be 

provided, 10 hours of inservice training for 

foster parents annually. 
£21 Such training shall include subjects that 

would enhance the skills of foster parents and 

promote stability for children. 

(3) A foster parent may complete relevant 
training provided by some other qualified 
agency or person and upon approval by the 
placing agency, that training shall count 
toward meeting the requirements specified in 
this section. 

(4) Each agency shall document in the foster 
parent record the type of activity the foster 
parent has completed in pursuance of this 
section. 

(d) In order for a foster family caring for a child 
with HIV human immunodeficiency virus) or AIDS 
(acquired immunodeficiency syndrome) to receive the 
HTV su pplemental payment, that family must attend six 
hours of advanced medical training annually, this 
training must consist of issues relevant to HIV or 



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AIDS. This training will count toward the training 
requirements of Paragraph (c) of this Rule. 

Authority S.L. 1993, c.769, s. 25.11. 

CHAPTER 42 - INDIVTOUAL AND FAMILY 
SUPPORT 

SUBCHAPTER 42V - PROTECTIVE SERVICES 
FOR ADULTS 

SECTION .0200 - ACCEPTANCE AND 

EVALUATION OF PROTECTIVE SERVICES 

REPORTS 

.0201 ACCEPTANCE OF REPORTS 

(a) The county department of social services must 
accept all reports alleging an abused, neglected, or 
exploited disabled adult is in need of protective 
services. This includes anonymous reports. If the 
county department determines that the address of the 
disabled adult given in the report is in another county, 
the department shall refer the person making the report 
to the appropriate county department. The county 
department receiving the original report shall follow up 
to make sure the appropriate county has received the 
report. 

(b) The department of social services shall make 
arrangements for 24 hour coverage to receive calls and 
take appropriate action. 

(c) Notwithstanding provisions in any other sections 
of 10 NCAC 42V, the director may immediately tell the 
District Attorney's office and local law enforcement 
agencies when there is reason to believe that physical 
harm may occur to the disabled adult. This would 
include sharing evidence of abuse or neglect the agency 
has to date. 

Authority G.S. 108A-103; 1438- 153. 

SECTION .0800 - CONFIDENTLVLITY 

.0802 IDENTITY OF COMPLAINANT AND OF 
ESfDIVIDUALS WHO HAVE 
KNOWLEDGE OF THE SITUATION 

The identity of the complainant and of individuals 
who provide Lnformntion about have knowledge of the 
situation of the disabled adult shall be kept confidential 
unless the court requires that such persons' identities be 
revealed with the e xo e ption exceptions that the 
complainant's name and the names of individuals who 
provide infoiumtion about have knowledge of the 
situation of the disabled adult may be given verbally to 
the Division of Facility Services when requested by that 
agency in order to carry out its invootigation. 
investigation, and to the District Attorney's office and 
to law enforcement agencies which are prosecuting or 



conducting a criminal Investigation of alleged abuse, 
neglect or exploitation of a disabled adult . 

Authority G.S. 108A-103; 143B-153. 

.0803 SPECIFIC FINDINGS 

Specific findings of the evaluation shall be kept 
confidential and shall not be released without consent of 
the disabled adult or court order, except that the 
department of social services at its discretion may share 
information about the adult may b e shar e d with other 
persons or agencies without the adult or caretaker's 
consent to the extent necessary to provide protective 
services. When evidence of abuse, neglect, or 
exploitation is found, upon request of the district 
attorney or law enforcement agencies, such information 
shall be sent to help with a criminal investigation or 
prosecution of abuse, neglect or exploitation. 

Authority G.S. 143B-153. 



TITLE 17 - DEPARTMENT OF REVENUE 

Notice is hereby given that the North Carolina 
Department of Revenue intends to amend rule cited 
as 17 NCAC 05C .0102. 

Proposed Effective Date: January 30, 1997 

Editor's Note: G.S. 150B-l(d)(4) exempts the 
Department of Revenue from Part 2 Article 2A of 
Chapter 150 with respect to the notice and hearing 
requirements. The Department will however publish the 
text of proposed rules in the North Carolina Register 
prior to the scheduled time of review by the Rules 
Review Commission. 

Reason for Proposed Action: This amendment 
expands the Department's definition of "doing business" 
to include and specify the activities that generate income 
from either tangible or intangible sources taxable in this 
state as provided under the authority of North Carolina 
General Statute 105-130.3. 

Comment Procedures: Written public comment should 
be addressed to Jack L. Harper, Assistant Secretary for 
Tax Administration, PO Box 871, Raleigh, NC 27602- 
0871. Comments must be received by May 31 , 1996. 

Fiscal Note: This Rule does not effect the expenditures 
or revenues of state or local government funds. 

CHAPTER 5 - CORPORATE INCOME AND 
FRANCHISE TAX DIVISION 



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SUBCHAPTER 5C - CORPORATE INCOME 
TAX 

SECTION .0100 - CORPORATIONS SUBJECT 
TO THE TAX: TAX RATE AND ALLOCATION 

.0102 DOING BUSESfESS DEFINED 

(a) For income tax purposes, tho torm "doing 
business" moans is the operation of any business 
enterprise or activity in North Carolina for economic 
gain, including, but gain including, but not limited to, 
the following: 

(1) the maintenance of an office or other place of 
business in North Carolina; 

(2) the maintenance in North Carolina of an 
inventory of merchandise or material for sale, 
distribution or manufacture, regardless of 
whether kept on the premises of the taxpayer 
or in a public or rented warehouse; 

(3) the selling or distributing of merchandise to 
customers in North Carolina directly from a 
company-owned or operated vehicle when 
title to the merchandise is transferred from 
the seller or distributor to the customer at the 
time of the sale or distribution; 

(4) the rendering of a service to clients or 
customers in North Carolina by agents or 
employees of a foreign corporation; 

(5) the owning, renting, or operating of business 
or income-producing property in North 
Carolina including, but not limited to, the 
following: 

(A) Realty; 

(B) Tangible personal property; 

(C) Trademarks, tradenames, franchise 
rights, computer programs, copyrights, 
patented processes, licenses; 

£6} the conducting of anv activity which results 
in the acquisition or control of property, 
tangible or intangible, that produces income 
sourced to this state under the applicable 
rules and regulations including, but not 
limited to. the following: 
(A) receivables generated by and/or 
resulting from credit card transactions 
if the payor is located in this State; 
("B) receivables generated by and/or 
resulting from loans, secured or 
unsecured, if the payor is located in 
this State; 
£7} the conducting of any activity which results 
in the origination or acquisition of a loan 
when real property within the state serves as 
collateral or security for the receivable 
without regard to the location of the 
borrower. 

(b) Corporations who are partners in a partnership or 



joint venture operating in North Carolina are oonsidorod 
to b e "doing business". 

(c) "Doing business" by an interstate motor carrier 
is dofinod aa the performance of any of the following 
business activities in North Carolina: 

(1) The maintenance of an office in the State; 

(2) The operation of a terminal or other place of 
business in the State; 

(3) Having an employee working out of the 
office or terminal of another company; 

(4) Dropping off or gathering up shipments in the 
State. 

Authority G.S. 105-130.3; 105-262. 



TITLE 21 - OCCUPATIONAL LICENSEVG 
BOARDS 

CHAPTER 58 - REAL ESTATE COMMISSION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Real Estate 
Commission intends to amend rules cited as 21 NCAC 
58A .0101, .0105, .0109 - .0110, .0302, .0503 - .0504, 
. 1501 - . 1502, . 1601. The text in italics shown in Rules 
.0503 and .0504 were noticed in Volume 10, Issue 16, 
of the North Carolina Register. 

Proposed Effective Date: March 1, 1997 

A Public Hearing will be conducted at 1:30 p.m. on 
June 5, 1996 at the North Carolina Real Estate 
Commission, 1313 Navaho Drive, Raleigh, NC 27609. 

Reason for Proposed Action: 

21 NCAC 58A .0101 - To codify the requirement that 

all licensees must prominently display their license 

certificates in their offices. 

21 NCAC 58A .0105 - To clarify that all licensees must 

comply with Paragraph (a) of this Rule. 

21 NCAC 58A .0109 - To clarify that all licensees must 

comply with this Rule. 

21 NCAC 58A .0110 - To eliminate the requirement 

that a broker practicing alone must file a broker-in- 

charge declaration under certain conditions. 

21 NCAC 58A .0302 - To more clearly specify that 

license application fee for a real estate firm. 

21 NCAC 58A .0503 - To replace the reference to 

"corporate broker license" with "firm license. " 

21 NCAC 58A .0504 - To codify the procedure in which 

a firm with an inactive license may activate its license. 

21 NCAC 58A .1501 - To list the forms currently 

prescribed by the Commission for use in the license 

application process and in general brokerage 

operations. 

21 NCAC 58A .1502 - To list the forms currently 



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prescribed by the Commission for use in its education 

program. 

21 NCAC S8A .1601 - To clarify that all licensees must 

comply with the State Fair Housing Act. 

Comment Procedures: Comments regarding the rules 
may be made orally or submitted in writing at the public 
hearing. Written comments not submitted at the hearing 
may be sent to or delivered to Mr. Stephen L. Fussell 
do North Carolina Real Estate Commission, PO Box 
17100, Raleigh, NC 27619-7100, so as to be received 
by July 1, 1996. 

Fiscal Note: These Rules do not c^ect the expenditures 
or revenues of state or local government funds. 

SUBCHAPTER 58A - REAL ESTATE BROKERS 
AND SALESMEN 

SECTION .0100 - GENERAL BROKERAGE 

.0101 DISPLAY OF LICENSE 

(a) The license of a real estate brokerage firm, its 
principal broker, broker-in-charge and the license of 
each broker and salesman engaged in real estate 
activities at the office of the broker-in-charge shall be 
prominently displayed at such office. 

(b) The annual license renewal pocket card issued by 
the Commission to each ool e onmn or brok e r, including 
corporate brokers, licensee shall be retained by the 
licensee as evidence of licensure. 

Authority G.S. 93A-3(c). 

.0105 ADVERTISING 

(a) Blind Ads. A licensee brok e r shall not advertise 
the sale, purchase, exchange, rent or lease of real 
estate, for another or others, in a manner indicating the 
offer to sell, purchase, exchange, rent, or lease is being 
made by the brok e r's or oal e omon's Licensee's principal. 
Every such advertisement shall clearly indicate that it is 
the advertisement of a broker or brokerage firm and 
shall not be confined to publication of only a post office 
box number, telephone number, or street address. 

(b) Registration of Assumed Name. In the event 
that any licensee shall advertise in any manner using a 
firm name, corporate name, name or an assumed name 
which does not set forth the surname of the licensee, he 
shall first notify the Commission in writing of such 
name and furnish the Commission with a copy of each 
certificate filed with the office of the county register of 
deeds in compliance with G.S. 66-68. 

(c) Authority to Advertise. 

(1) A salesman shall not advertise the sale, 
purchase, exchange, rent or lease of real 
estate for another or others without his 
broker's consent and without including in the 



advertisement the name of the broker or firm 

with whom he is associated. 
(2) A breker licensee shall not advertise or 

display a "for sale" or "for rent" sign on any 

real estate without the consent of the owner 

or his authorized agent, 
(d) Business names. A brok e r or a oaloonmn 
licensee shall not include the name of a salesman or an 
unlicensed jserson in the name of a sole proprietorship, 
partnership or non-corporate business formed for the 
purpose of real estate brokerage. 

Authority G.S. 55B-5; 66-68; 93A-3(c). 

.0109 BROKERAGE FEES AND 
COMPENSATION 

(a) A broker or salesman licensee shall not receive, 
either directly or indirectly, any commission, rebate or 
other valuable consideration from a vendor or a supplier 
of goods and services for an expenditure made on 
behalf of his principal in a real estate transaction 
without the written consent of the brok e r' a — er 
oal e omon'o licensee's principal. 

(b) A broker or oalooman licensee shall not receive, 
either directly or indirectly, any commission, rebate or 
other valuable consideration for services which he 
recommends, procures, or arranges relating to a real 
estate transaction for any party, without full disclosure 
to such party; provided, however, that nothing in this 
Rule shall be construed to permit a broker or oal e omon 
licensee to accept any fee, kickback or other valuable 
consideration that is prohibited by the Real Estate 
Settlement Procedures Act of 1974 (12 USC 2601 et. 
seq.) or any rules and regulations promulgated by the 
United States Department of Housing and Urban 
Development pursuant to such Act. 

(c) The Commission is not a Board of Arbitration 
and has no jurisdiction to settle disputes between parties 
concerning such matters as the rate of commissions, the 
division of commissions, pay of salesmen, and similar 
matters. 

Authority G.S. 93A-3(c). 

.0110 BROKER-IN-CHARGE 

(a) Th e r e shall b e d e signated for e ach firm oa d 
branch offio e th e r e of on e broker who shall aoDumo 
reaponsibilit)' at such office fori Every real estate firm 
shall designate one broker to serve as the broker-in- 
charge at ks principal office and each of the firm's 
branch offices. No broker shall be broker-in-charge of 
more than one office or branch office. A broker 
practicing alone shall designate himself as a broker-in- 
charge. Each broker-in-charge shall make written 
notification of his status as broker-in-charge to the 
Commission on a form prescribed by the Commission 
within 10 days following the broker's designation as 



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PROPOSED RULES 



broker-JD -charge. The broker-m-charge shall assume 
the responsibility at his office for: 

(1) the proper display of license certificates of 
the brokers and salesmen associated with or 
engaged on behalf of the firm at such office, 
and assuring that each licensee employed at 
the office has complied with Rules .0503, 
.0504 and .0506 of this Subchapter; 

(2) the proper notification to the Commission of 
any change of business address or trade name 
of the firm and the registration of any 
assumed business name adopted by the firm 
for its use; 

(3) the proper conduct of advertising by or in the 
name of the firm at such office; 

(4) the proper maintenance at such office of the 
trust or escrow account of the firm and the 
records pertaining thereto; 

(5) the proper retention and maintenance of 
records relating to transactions conducted by 
or on behalf of the firm at such office; 

(6) the proper supervision of salesmen associated 
with or engaged on behalf of the firm at such 
office in accordance with the requirements of 
Rule .0506 of this Subchapter; and 

(7) the verification to the Commission of the 
experience of any salesman at such office 
who may be applying for licensure as a 
broker. 

No brok e r oholl b e brok e r in ohorge of more than on e 
offic e or branch offio e . 

(h) When used in this Rule, the term: 

(1) "Branch Office" means any office in addition 
to the principal office of a broker which is 
operated in connection with the broker's real 
estate business; and 

(2) "Office" means any place of business where 
acts are performed for which a real estate 
license is required. 

(c) A broker-in-charge must continually maintain his 
license on active status. 

(d) Each broker-in-charge shall notify the 
Commission in writing of any change in his status as 
broker-in-charge within 10 days following the change. 
Within 10 days following termination of his supervisory 
responsibilities over any salesman, the broker-in-charge 
shall provide the salesman, in a form prescribed by the 
Commission, an accurate written statement regarding 
the number and type of properties listed, sold, bought, 
leased, or rented for others by the salesman while under 
the supervision of the broker-in-charge. 

(e) A licensed real estate firm which demonstrates 
on a form prescribed by the Commission that it has 
qualified for licensure solely for the purpose of 
receiving compensation for brokerage services fiimished 
by its principal broker through another firm, and that 
no person is affiliated with it other than its principal 



broker, shall not be required to designate a broker-in- 
charge. 

Authority G.S. 93A-3(c). 

SECTION .0300 - APPLICATION FOR LICENSE 

.0302 FILING AND FEES 

(a) Properly completed afjplications must be received 
in the Commission's office or jxjstmarked not later than 
the filing date established by the executive director for 
a scheduled examination and must be accompanied by 
the appropriate fee. Once the application has been filed 
and processed, the application fee may not be refunded. 

(b) The following fees shall be charged: 

(1) application for new broker license $30.00, 

(2) application for new salesman license $30.00. 
$30.00. 

Ci) application for new firm license $30.00. 

Authority G.S. 93A-4(a),(d). 

SECTION .0500 - LICENSING 

.0503 LICENSE RENEWAL; PENALTY FOR 
OPERATING WHILE LICENSE 
EXPIRED 

(a) All real estate broker, solosmon or corporate 
brokof licenses issued by the Commission under G.S. 
93A, Article 1 shall expire on the 30th day of June 
following issuance. Any licensee desiring renewal of a 
license shall apply for renewal within 45 days prior to 
license expiration by submitting a renewal application 
on a form prescribed by the Commission and submitting 
with the application the required renewal fee of thirty 
dollars ($30.00). 

(b) Beginning in 1995, any Any person desiring to 
renew his license on active status shall, upwn the second 
renewal of such license following initial licensure, and 
upon each subsequent renewal, have obtained all 
continuing education required by G.S. 93A-4A and 
Rule .1702 of the Subchapter. 

(c) A person renewing a license on inactive status 
shall not be required to have obtained any continuing 
education in order to renew such license; however, in 
order to subsequently change his license from inactive 
status to active status, the licensee must satisfy the 
continuing education requirement prescribed in Rule 
. 1 703 of the Subchapter. 

(d) Any person or corporation firm which engages 
in the business of a real estate broker or salesman while 
his or its license is expired is subject to the penalties 
prescribed in G.S. 93 A. 

Authority G.S. 93A-3(c); 93A-4(c),(d); 93A-4A; 93A-6. 



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.0504 ACTIVE AND E^ACTIVE LICENSE 
STATUS 

(a) Except for licenses that have expired or that have 
been revoked, suspended or surrendered, all licenses 
issued by the Commission shall be designated as being 
either on active status or inactive status. The holder of 
a license on active status may engage in any activity 
requiring a real estate license and may be compensated 
for the provision of any lawful real estate brokerage 
service. The holder of a license on inactive status may 
not engage in any activity requiring a real estate 
license, including the referral for compensation of a 
prospective seller, buyer, landlord or tenant to another 
real estate licensee or any other party. A licensee 
holding a license on inactive status must renew such 
license and pay the prescribed license renewal fee in 
order to continue to hold such license. The 
Commission may take disciplinary action against a 
licensee holding a license on inactive status for any 
violation of G.S. 93A or any rule promulgated by the 
Commission, including the offense of engaging in an 
activity for which a license is required while a license 
is on inactive status. 

(b) Upon initial licensure, a salesman's license shall 
be assigned by the Commission to inactive status and 
the license of a broker or oorpomte brok e r firm shall be 
assigned to active status. The lio e no e of a broker, 
salesman or corporate — broker A license shall be 
assigned by the Commission to inactive status upon the 
written request of the licensee. A salesman's license 
shall be assigned by the Commission to inactive status 
when the salesman is not under the active, personal 
supervision of a broker-in-charge. A corporate 
brok e r's firm's license shall be assigned by the 
Commission to inactive status when the corporation 
firm does not have a principal broker. A broker or 
salesman shall also be assigned to inactive status if, 
upon the second renewal of his license following Initial 
licensure, or upon any subsequent renewal, he has not 
satisfied the continuing education requirement described 
in Rule . 1702 of this Subchapter. 

(c) A salesman with an inactive license who desires 
to have such license placed on active status must 
comply with the procedurea prescribed in Rule .0506(b) 
of this Section. 

(d) A broker with an inactive license who desires to 
have such license placed on active status shall file with 
the Commission a request for license activation on a 
form prescribed by the Commission containing 
identifying information about the broker, a list of 
Commission approved continuing education courses 
completed by the broker within the previous 30 days, a 
statement that the broker has satisfied the continuing 
education requirements prescribed by Rule . 1703 of this 
Subchapter, the date of the request, and the signature of 
the broker. Ujxin the mailing or delivery of this form, 
the broker may engage in real estate brokerage 



activities requiring a license; however, if the broker 
does not receive from the Commission a written 
acknowledgment of the license activation within 30 days 
of the date shown on the form, the broker shall 
immediately terminate his real estate brokerage 
activities pending receipt of the written acknowledgment 
from the Commission. If the broker is notified that he 
is not eUgible for Ucense activation due to a continuing 
education deficiency, the broker must terminate all real 
estate brokerage activities until such time as the 
continuing education deficiency is satisfied and a new 
request for license activation is submitted to the 
Commission. 

(e) A firm with an inactive license which desires to 
have its license placed on active status shall file with 
the Commission a request for license activation on a 
form prescribed by the Commission containing 
identifying information about the firm and its principal 
broker. If the principal broker has an inactive license. 
he must satisfy the requirements of Paragraph (d) of 
this Rule. Upon the mailing or delivery of the 
completed form by the principal broker, the firm may 
engage in real estate brokerage activities requiring a 
Ucense: however, if the firm's principal broker does not 
receive from the Commission a written acknowled gment 
of the license activation within 30 days of the date 
shown on the form, the firm shall immediately 
terminate its real estate brokerage activities pending 
receipt of the written acknowledgment from the 
Commission. If the principal broker is notified that the 
firm is not eligible for license activation due to a 
continuing education deficiency on the part of the 
principal broker, the firm must terminate all real estate 
brokerage activities until such time as the continuing 
education deficiency is satisfied and a new request for 
license activation is submitted to the Commission. 

Authority G.S. 93A-3(c); 93A-4(d); 93A-4A; 93A-6. 

SECTION .1500 - FORMS 

.1501 LICENSING AND GENERAL 
BROKERAGE FORMS 

The following forms are required by the Commission 
for use in filing and submitting information with respect 
to license applications and general brokerage 
operations: 

(1) Application for Real Estate License; 

(2) Application for a License to be Issued to a 
Corporation; Firm; 

(3) Sup e rvioion — ef — Sal e sm e n — Notification; 
Request To Activate Broker Or Salesman 
License. Notification Of Salesman 
Supervision. Notification Of Change Of 
Broker's Business Address; 

(4) Broker-in-Charge Declaration; 

(5) Application for Real Estate License Renewal; 



11:3 



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117 



PROPOSED RULES 



(6) Consent to Service of Process and Pleadings; 

(7) Affidavit of R e cid e noy. Residency; 

(8") Broker-In-Charge Declaration Exemption; 

and 
(9) Disclosure to Buyer from Seller's Agent or 

Subagent. 

Authority as. 93A-4(d); 1508-11(1). 

.1502 FORMS FOR EDUCATION PROGRAM 

The following forms are required by the Commission 
for use in filing and submitting information with respect 
to school applications to conduct real estate pre- 
licensing and continuing education courses: 

(1) Application for School Approval to Conduct 
Real Estate Pre-licensing Courses; 

(2) Private Real Estate School License 
Application; 

(3) Private Real Estate School Performance 
Bond; 

(4) Supplement to Private Real Estate School 
License Application for Corporation 
Applicants; 

(5) Consent to Service of Process and Pleadings 
for Nonresident Applicontfl for a Private Real 
Eotnt e School Lioonoo; Education Providers; 

(6) Application for Instructor Approval. 
Approval; 

(7) Continuing Education Update Course Sponsor 
Application; 
Continuing Education Update Course 



18} 
121 



(10) 



Oil 



Instructor Application; 
Continuing Education 



Elective Course 



Sponsor Application; 

Continuing Education Elective Course 

Application; and 

Continuing Education Instructor 

Qualifications Statement. 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Certification Board for 
Social Work intends to amend rule cited as 21 NCAC 63 
.0306. 

Proposed Effective Date: April 1, 1997 

Instructions on How to Demand a Public Hearing 

(must be requested in writing within 15 days of notice): 
To request a public hearing submit a written request to 
the attention of Warren F. Morrison, Admin. 
Coordinator, NCCBSW, PO Box 1043, Asheboro, NC 
27204 within 15 days after the publication of this 
notice. 

Reason for Proposed Action: To comply with S.L. 
1995, c. 344; G.S. 90B-6.(f) as amended. 

Comment Procedures: Written comments will be 
accepted at NCCBSW, PO Box 1043, Asheboro, NC 
27204, Attention: Warren F. Morrison, through May 
31, 1996. 

Fiscal Note: This Rule does not effect the expenditures 
or revenues of state or local government funds. 

SECTION .0300 - EXAMINATIONS 

.0306 EXAMINATION FEES 

(a) An examination fee of on e himdr & d dollaro 
fifteen doUars ($15.00) plus the cost of the examination 
to the Board will be assessed for administration and 
processing of any written examination. 

(b) An applicant who fails to appear for an 
examination shall be assessed a fee of one hundred 
doUors ($100.00) fifteen dollars ($15.00) p lus the cost 
of the examination to the Board in order to take the 
examination at a later date. 



Authority G.S. 93A-4(d); 150B-11(1). 



Authority' G.S. 90B-6. 



SECTION .1600 - DISCRIMINATORY 
PRACTICES PROHIBITED 

.1601 FAIR HOUSING 

Conduct by brokero and oal e sm e n a licensee which 
violates the provisions of the State Fair Housing Act 
constitutes improper conduct in violation of G.S. 93A- 
6(a)(10). 

Authority G.S. 41A-4; 41A-5; 41A-6: 93A-3(c). 

CHAPTER 63 - CERTIFICATION BOARD 
FOR SOCLU> WORK 



118 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant 
to G.S. 150B-21. 1(e), publication of a temporary rule in the North Carolina Register serves as a notice of rule-making 
proceedings for a permanent rule that does not differ substantially from the published temporary rule. 



TITLE 13 - DEPARTMENT OF LABOR 

Rule-making Agency: NCDOL, Division of Occupational Safety & Health 

Rule Citation: 13 NCAC 07F .0101 

Effective Date: April 1, 1996 

Findings Reviewed by the Codifier of Rules: Approved 

Authority for the rule-making: G.S. 95-131; 95-133; 150B-21.1 

Reason for Proposed Action: This Rule will require employers to make changes to the level of air contaminants to 
which their employees are exposed if working with specified substances. Technical errors have been found in the newly 
approved "Limits for Air Contaminants" table which would create requirements that are technologically infeasible or 
would create the potential for a serious health haz/jrd to exposed employees. There is an immediate need to change the 
errors prior to the April 1, 1996 effective date. 

Comment Procedures: Written comments will be accepted on the proposed corrections for 60 days after publication 
in the NC Register. Comments should be provided to Jill F. Cramer, Rule-making Coordinator, NCDOL/OSHA, 319 
Chapanoke Road, Suite 105, Raleigh, NC 27603-3432. 

CHAPTER 7 - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH 

SUBCHAPTER 7F - STANDARDS 

SECTION .0100 - GENERAL INDUSTRY STANDARDS 

0101 GENERAL INDUSTRY 

(a) The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of 
Federal Regulations Part 1910, are incorporated by reference except as follows: 

(1) Subpart H - Hazardous Materials, 29 CFR 1910.120, Hazardous waste operations and emergency response, 
§1910.120(q)(6) is amended by adding a new level of training: 

"(vi) First responder operations plus level. First responders at operations plus level are individuals who 
respond to hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to 
propel the vehicle on which the tank is located. Only those vehicles designed for highway use or those used 
for industrial, agricultural or construction purposes are covered. First responders at the operations plus level 
shall have received, at least training equal to first responder operations level and, in addition, shall receive 
training or have had sufficient experience to objectively demonstrate competency in the following areas and the 
employer shall so certify: 

(A) Know how to select and use prop>er specialized personal protective equipment provided to the first responder 
at operations plus level; 

(B) Understand basic hazardous materials terms as they pertain to hydrocarbon fuels; 

(C) Understand hazard and risk assessment techniques that pertain to gasoline, diesel fuel, propane and other 
hydrocarbon fuels; 

(D) Be able to perform control, containment, or confinement operations for gasoline, diesel fuel, propane and 
other hydrocarbon fuels within the capabilities of the available resources and personal protective equipment; 
and 

(E) Understand and know how to implement decontamination procedures for hydrocarbon fuels. " 

(2) Subpart I - Personal Protective Equipment - 29 CFR 1910.132, General requirements, is amended at 29 
CFR 1910.132(b) to read: 



11:3 NORTH CAROLINA REGISTER May 1, 1996 119 



TEMPORARY RULES 



"(b) Equipment. (1) Employer-provided equipment. It is the responsibility of the employer to provide, at 
no cost to the employee, all personal protective equipment which the employee does not wear off the jobsite 
for use off the job. 

(2) Employee-owned equipment. Where employees provide their own protective equipment, the employer 

shall be responsible to assure its adequacy, including projjer maintenance, and sanitation of such equipment. " 

(3) Subpart R -- Special Industries — incorporation by reference of final rule for 29 CFR 1910.269, Electric 

Power Generation, Transmission, and Distribution, including Appendices A through E, published in 59 FR 

(January 31, 1994) pages 4437 - 4475, all typographical and grammatical corrections to 1910.269 as 

published in 59 FR (June 30, 1994) pages 33660 - 33664, and the amendment to 1910.269(g)(2)(i) as 

published in 59 FR (August 9, 1994) page 40729, except that 29 CFR 1910.269(g)(2)(v) is amended to read: 

"(v) Fall arrest equipment, work positioning equipment, or travel restricting equipment shall be used by 

employees working at elevated locations more than 4 feet (1.2 m) above the ground on poles, towers or 

similar structures if other fall protection has not been provided. A fall protection system as defined in 29 

CFR 1926, Subpart M - Fall Proteaion, is required to be used by all employees when ascending, 

descending or changing locations on poles, towers or similar structures. However, the use of non-locking 

snap hooks with any fall protection system is prohibited as of July 1, 1995. Qualified employees may free 

climb wood poles if the employer can ensure (1) that the employee is able to comfortably and safely grip 

the pole with both hands while climbing, (2) that the pole is free from attachments or any configurations 

of attachments that will materially impair the ability of a qualified employee to safely free climb the pole, 

(3) that the pole is otherwise free fixam impediments, contaminants or conditions of any type, including but 

not limited to ice, high winds or chemical treatments which materially impair the ability of a qualified 

employee to safely free cUmb the pole, and (4) that the employee is able to climb such structures without 

material physical impairments including over-exertion, lack of sleep or other physical stresses." 

29 CFR 1910.269 as amended above is effective January 1, 1995, except that employers have until July 1, 

1995, to implement the use of locking snap hooks, and employers have until January 1, 1996, to design and 

Implement a system of fall protection for use by employees while ascending, descending or changing locations 

on towers. Also, 29 CFR 1910.269(a)(2) Training is effective January 31, 1995, and 29 CFR 

1910.269(v)(ll)(xii) is effective February 1, 1996. 

(4) Subpart Z — Toxic and Hazardous Substances: 

(A) 29 CFR 1910.1000 Air ContaminanU: 

Revision of 1910.1000 (a) and (f), removal of Table Z-2 and Table Z-3 and re-adoption of revised 
permissible exposure limits as Table Z-1 as originally published in 54 FR (January 19, 1989) pages 
2923 - 2958 as follows: 
"§1910.1000 Air contaminants. 

An employee's exposure to any substance listed in Table Z-1 of this section shall be limited in 
accordance with the requirements of the following paragraphs and sections. 

(a) Table 7j-\.(\) Substances with limits designated by "C" - Ceiling Limits. An employee's exposure 
to any substance in Table Z-1, the exposure limit of which is followed by a "C", shall at no time 
exceed the exposure limit given for that substance in Table Z-1. 

(2) Current permissible exposure limits. An employee's exposure to any substance listed in Table Z-1 
shall not exceed the Time Weighted Average (TWA), Short Term Exposure Limit (STEL) and Ceiling 
Limit specified for that substance in Table Z-1 under the Current PEL column. 

(3) Skin Designation. To prevent or reduce skin absorption, an employee's skin exposure to substances 
Usted in Table Z-1 with an "X" in the Skin Designation column following the substance name shall 
be prevented or reduced to the extent necessary in the circumstances through the use of gloves, 
coveralls, goggles, or other appropriate personal protective equipment, engineering controls or work 
practices. 

(4) Definitions. The following definitions are applicable to the Current PEL column of Table Z-1: 
(i) Tune weighted average (TWA) is the employee's average airborne exposure in any 8-hour work 
shift of a 40-hour work week which shall not be exceeded. 

(ii) Short term exposure limit (STEL) is the employee's 15-minute time weighted average exposure 
which shall not be exceeded at any time during a work day unless another time limit is specified In a 
parenthetical notation below the limit. If another time period is specified, the time weighted average 
exposure over that time period shall not be exceed at any time during the working day. 
(Ill) Celling is the employee's exposure which shall not be exceeded during any part of the work day. 
If instantaneous monitoring is not feasible, then the ceiling shall be assessed as a 15-minute time 
weighted average exposure which shall not be exceeded at any time over a working day. 



120 NORTH CAROLINA REGISTER May 1, 1996 11:3 



TEMPORARY RULES 



(5) Additional Definitions. The terms "substance," "air contaminant," and "material" are equivalent 

in meaning for 29 CFR 1910.1000. 

(b) and (c) are reserved. 

(d) and (e) are not amended. 

(f) Effective dates. (1) The effective date for the permissible exposure limits specified in the following 

Current PEL column of Table Z-1 is April 1, 1996. 

LIMITS FOR AIR CONTAMINANTS 

NOTE: Because of the length of the table, explanatory Footnotes applicable to all substances are given below. 
Footnote (1) The PELs are 8-hour TWAs unless otherwise noted; a (C) designation denotes a ceiling limit. They are 
to be determined from breathing-zone air samples. 

Footnote (2) Parts of vapor or gas per million parts of contaminated air by volume at 25 degrees C and 760 torr. 
Footnote (3) Milligrams of substance per cubic meter of air. When entiy is in this column only, the value is exact; when 
listed with a ppm entry, it is approximate. 

Footnote (4) The CAS number is for information only. Enforcement is based on the substance name. 
Footnote (5) Regarding Styrene Only: OSHNC recognizes that the permissible exposure limits for styrene may not be 
achievable solely through engineering and work practice controls for boat-building and operations comparable to boat 
building. Comparable operations are those that (1) employ the manual layup and sprayup process, (2) the manufactured 
items that utilize the same equipment and technology as that found in boat building, and (3) the same considerations of 
large part size, configuration interfering with air-flow control techniques, and resin usage apply. Examples of operations 
comparable to boat building would include the manufacture of large above-ground or below-ground storage tanks, large 
parts for recreational vehicles, and large duct work. Because it is impossible to define in advance every manual layup 
and sprayup process for which compUance may not be feasible solely through engineering and work practice controls, 
some guidelines concerning part size and configuration issues are necessary. The primary question for manual layup 
and sprayup operations is whether the part's size and configuration interfere with normal air-flow techniques. For 
operations making parts (such as tubs and vanities) that do not meet the guidelines described, beginning April 1, 1996, 
the hierarchy of controls specified in 29 CFR 1910.1000(e) will apply to reduce styrene exposures to the new 50 ppm 
TWA and 100 ppm STEL. In consequence, the burden of proof will be on the employer to show that engineering and 
work practice controls are not feasible for specific operations. However, with respect to boat-building operations the 
burden of proof would be on OSHNC to prove that the level could be attained solely through engineering and work 
practice controls. 

Footnote (6) Regarding Carbon Dioxide only: no change was made to the PEL. 
Footnote (7) Regarding Subtilisins only: this substance is not included in Table Z-1 below. 

TABLE Z-1. - LIMITS FOR AIR CONTAMINANTS 



SUBSTANCE 


CAS 
NUMBER 


FORMER PEL 


CURRENT PEL 


SKIN 
DSG 


Acetaldehyde 


75-07-0 


200 ppm TWA 


100 ppm TWA 
150 ppm STEL 




Acetic acid 


64-19-7 


10 ppm TWA 


10 ppm TWA 




Acetic anhydride 


108-24-7 


5 ppm TWA 


5 ppm TWA (C) 




Acetone 


67-64-1 


1000 ppm TWA 


750 ppm TWA 
1000 ppm STEL 




Acetonitrile 


75-05-8 


40 ppm TWA 


40 ppm TWA 
60 ppm STEL 




2-Acetylaminofluorene 
see 1910.1014 


53-96-3 









11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



121 



TEMPORARY RULES 



Acetylene dichloride 

see 
1 , 2-Dichloroethy lene 










Acetylene tetrabromide 


79-27-6 


1 ppm TWA 


1 ppm TWA 




Acetylsalicylic acid 
(Aspirin) 


50-78-2 


No former PEL 


5 mg/m^ TWA 




Acrolein 


107-02-8 


0. 1 ppm TWA 


0. 1 ppm TWA 
0.3 ppm STEL 




Acrylamide 


79-06-1 


0.3 mg/m' TWA 


0.3 mg/m' TWA 


X 


Acrylic acid 


79-10-7 


No former PEL 


10 ppm TWA 


X 


Acrylonitrile; 
see 1910.1045. 


107-13-1 








Aldrin 


309-00-2 


0.25 mg/m^ 
TWA 


0.25 mg/m' TWA 


X 


Allyl alcohol 


107-18-6 


2 ppm TWA 


2 ppm TWA 
4 ppm STEL 


X 


Allyl chloride 


107-05-1 


1 ppm TWA 


1 ppm TWA 
2 ppm STEL 




Allyl glycldyl ether 
(AGE) 


106-92-3 


10 ppm (C) 


5 ppm TWA 
10 ppm STEL 




Allyl propyl disulfide 


2179-59-1 


2 ppm TWA 


2 ppm TWA 

3 ppm STEL 




alpha-Alumina 
Total Dust 
Respirable Fraction 


1344-28-1 


15 mg/m' TWA 
5 mg/m'TWA 


10 mg/m' TWA 
5 mg/m'l'WA 




Aluminum (as Al) 
Metal 

Total dust 
Respirable fraction 
Pyropowders 
Welding fumes 
Alkyls 


7429-90-5 
7429-90-5 


15 mg/m' TWA 
5 mg/m'TWA 


15 mg/m' IVVA 
5 mg/m' TWA 
5 mg/m' TWA 
5 mg/m^ TWA 
2 mg/m' TWA 




Aluminum (soluble salts) 


7429-90-5 




2 mg/m' TWA 




4- Aminodipheny 1 ; 
see 1910.1011 


92-67-1 








2-Aminoethanol; 
see Ethanolamine 










2-Aminopyridine 


504-29-0 


0.5 mg/m^- 

¥WA 

0.5 ppm 1 WA 


0.5 mg/m^ TWA 
0.5 ppm TWA 




Amitrol 


61-82-5 


No former PEL 


0.2 mg/m' TWA 




Ammonia 


7664-41-7 


50 ppm TWA 


35 ppm SILL 





122 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Ammonium chloride 
fume 


12125-02- 
9 


No former PEL 


10 mg/m' TWA 
20 mg/m' STEL 




Ammonium sulfamate 
Total dust 
Respirable fraction 


7773-06-0 


15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m^ TWA 
5 mg/m' TWA 




n-Amyl acetate 


628-63-7 


100 ppm TWA 


100 ppm TWA 




sec-Amyl acetate 


626-38-0 


125 ppm TWA 


125 ppm TWA 




Aniline and homologs 


62-53-3 


5 ppm TWA 


2 ppm TWA 


X 


Anisidine (o-, 
/j-isomers). 


29191-52-4 


0.5 mg/m' TWA 


0.5 mg/m^ TWA 


X 


Antimony and 
compounds (as Sb) 


7440-36-0 


0.5 mg/m^ TWA 


0.5 mg/m^ TWA 




ANTU (Alpha 
naphthylthiourea) 


86-88-4 


0.3 mg/m' TWA 


0.3 mg/m^ TWA 




Arsenic, inorganic 
compounds (as As); 
see 1910.1018 


Varies 
with 
compound 








Arsenic, organic 
compounds (as As) 




0.5 mg/m' TWA 


0.5 mg/m' TWA 




Arsine 


7784-42-1 


0.05 mg/m^ 
TWA 


0.05 ppm TWA 




Asbestos; see 
1910.1001 










Atrazine 


1912-24-9 


No former PEL 


5 mg/m^ TWA 




Azinphos-methyl 


86-50-0 


0.2 mg/m^ 
TWA 


0.2 mg/m^ TWA 


X 


Barium, soluble 
compounds (as Ba) 


7440-39-3 


0.5 mg/m' TWA 


0.5 mg/m' TWA 




Barium sulfate 
Total dust 
Respirable fraction 


7727-43-7 


15 mg/m^ TWA 
5 mg/m^ TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Benomyl 
Total dust 
Respirable fraction 


17804-35-2 


15 mg/m' TWA 
5 mg/m^ TWA 


10 mg/m^ TWA 
5 mg/m' TWA 




Benzene; See 1910.1028 
See Table Z-2 for the 
limits applicable in the 
operations or sectors 
excluded in 1910.1028(d) 


71-43-2 








Benzidine; See 
1910.1010 


92-87-5 









11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



123 



TEMPORARY RULES 



p-Benzoquinone; see 
Quinone. 










Benzo(a)pyrene; see 
Coal tar pitch volatiles 










Benzoyl peroxide 


94-36-0 


5 mg/m' TWA 


5 mg/m' TWA 




Benzyl chloride 


100-44-7 


5 mg/m^ TWA 


5 mg/m' TWA 




Beryllium and 
beryllium compounds 
(as Be) 


7440-41-7 


Table Z-2 


0.002 ppm TWA 
0.005 ppm SILL 
(30 minute) 
0.025 ppm (C) 




Biphenyl; see Diphenyl. 










Bismuth telluride, 
Undoped 
Total dust 
Respirable fraction 


1304-82-1 


15 mg/m^ TWA 
5 mg/m' TWA 


15 mg/m' rWA 
5 mg/m' TWA 




Bismuth telluride, Se- 
doped 


1304-82-1 


No former PEL 


5 mg/m' TWA 




Borates, tetra (anhydr) 


1330-43-4 


No former PEL 


10 mg/m^ TWA 




Borates, tetra (decahyd) 


1303-96-43 


No former PEL 


10 mg/m' TWA 




Borates, tetra (pentahyd) 


12179-04-3 


No former PEL 


10 mg/m' TWA 




Boron oxide 
Total dust 
Respirable fraction 


1303-86-2 


15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m^ IWA 
5 mg/m^ TWA 




Boron tribromide 


10294-33-4 


No former PEL 


1 ppm (C) 




Boron trifluoride 


7637-07-2 


1 ppm TWA (C) 


1 ppm TWA (C) 




Bromacil 


314-40-9 


No former PEL 


1 ppm TWA 




Bromine 


7726-95-6 


0. 1 ppm TWA 


0. 1 ppm TWA 
0.3 ppm STEL 




Bromine pentafluoride 


7789-30-2 




0. 1 ppm TWA 




Bromoform 


75-25-2 


0.5 ppm TWA 


0.5 ppm TWA 


X 


Butadiene 
(1,3 -Butadiene) 


106-99-0 


1000 ppm TWA 


1000 ppm TWA 




Butane 


106-97-8 


No former PEL 


800 ppm TWA 




Butanethiol; See Butyl 
mercaptan 










2-Butanone (Methyl ethyl 
ketone) 


78-93-3 


200 ppm TWA 


200 ppm TWA 
300 ppm STEL 




2-Butoxyethanol 


111-76-2 


50 ppm TWA 


25 ppm TWA 


X 



124 



NORTH CAROLINA REGISTER 



May I, 1996 



11:3 



TEMPORARY RULES 



«-Butyl-acetate 


123-86-4 


150 ppm TWA 


150 ppm TWA 
200 ppm STEL 




sec-Butyl acetate 


105-46-4 


200 ppm TWA 


200 ppm TWA 




tert-Butyl acetate 


540-88-5 


200 ppm TWA 


200 ppm TWA 




rt-Butyl acrylate 


141-32-2 


No former PEL 


10 ppm TWA 




«-Butyl alcohol 


71-36-3 


100 ppm TWA 


50 ppm (C) 


X 


sec-Buty\ alcohol 


78-92-2 


150 ppm TWA 


100 ppm TWA 




tert-Butyl alcohol 


75-65-0 


100 ppm TWA 


100 ppm TWA 
150 ppm STEL 




Butylamine 


109-73-9 


5 ppm (C) 


5 ppm (C) 


X 


ferf-Butyl chromate 
(as CrO(3)) 


1189-85-1 


0. 1 mg/m' (C) 


0. 1 mg/m' (C) 


X 


n-Butyl glycidyl ether 
(BGE) 


2426-08-6 


50 ppm TWA 


25 ppm TWA 




n-Butyl lactate 


138-22-7 




5 ppm TWA 




« -Butyl mercaptan 


109-79-5 


10 ppm TWA 


0.5 ppm TWA 




Butyl mercaptan 


109-79-5 


10 ppm TWA 


0.5 ppm TWA 




o-sec-Butylphenol 


89-72-5 


No former PEL 


5 ppm TWA 


X 


;7-tert-Butyltoluene 


98-51-1 


10 ppm TWA 


10 ppm TWA 
20 ppm STEL 




Cadmium (as Cd); 
see 1910.1027 


7440-43-9 








Calcium Carbonate 
Total dust 
Respirable fraction 


1317-65-3 


15 mg/m' TWA 
5 mg/m' TWA 


15 mg/m^ I'WA 
5 mg/m^ TWA 




Calcium cyanamide 


156-62-7 


No former PEL 


0.5 mg/m' TWA 




Calcium hydroxide 


1305-62-0 


No former PEL 


5 mg/m^ TWA 




Calcium oxide 


1305-78-8 


5 mg/m^ TWA 


5 mg/m^ TWA 




Calcium silicate 
Total dust 
Respirable fraction 


1344-95-2 


15 mg/m^ TWA 
5 mg/m^ TWA 


15 mg/m^ TWA 
5 mg/m^ TWA 




Calcium sulfate 
Total dust 
Respirable fraction 


7778-18-9 


15 mg/m^ TWA 
5 mg/m' TWA 


15 mg/m' TWA 
5 mg/m^ TWA 




Camphor, synthetic 


76-22-2 


2 mg/m' TWA 


2 mg/m' TWA 




Caprolactam (dust) 


105-60-2 


No former PEL 


1 mg/m^ TWA 
3 mg/m' STEL 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



125 



TEMPORARY RULES 



Caprolactam (vapor) 


105-60-2 


No former PEL 


5 ppm TWA 
10 ppm STEL 




Captafol (Difolatan) 


2425-06-1 


No former PEL 


0. 1 mg/m^ TWA 




Cap tan 


133-06-2 


No former PEL 


5 mg/m^ TWA 




Carbaryl (Sevin) 


63-25-2 


5 mg/m^ TWA 


5 mg/m' TWA 




Carbofuran 


1563-66-2 


No former PEL 


0. 1 mg/m^ TWA 




Carbon black 


1333-86-4 


3.5 mg/m^ TWA 


3.5 mg/m' TWA 




Carbon dioxide 


124-38-9 


5000 ppm TWA 


5000 ppm TWA 




Carbon disulfide 


75-15-0 


Table Z-2 


4 ppm TWA 
12 ppm TWA 


X 


Carbon monoxide 


630-08-O 


50 ppm TWA 


35 ppm TWA 
200 ppm (C) 




Carbon tetrabromide 


558-13-4 


No former PEL 


0.1 ppm TWA 
0.3 ppm STEL 




Carbon tetrachloride 


56-23-5 


Table Z-2 


2 ppm TWA 




Carbonyl fluoride 


353-50-4 


No former PEL 


2 ppm TWA 
5 ppm STEL 




Catechol (Pyrocatechol) 


120-80-9 


No former PEL 


5 ppm TWA 


X 


Cellulose 
Total dust 
Respirable fraction 


9004-34-6 


15 mg/m3 TWA 
5 mg/m^ TWA 


15 mg/m' TWA 
5 mg/m^ TWA 




Cesium hydroxide 


21351-79-1 


No former PEL 


2 mg/m^ TWA 




Chlordane 


57-74-9 


0.5 mg/m^ TWA 


0.5 mg/m3 TWA 


X 


Chlorinated camphene 


8001-35-2 


0.5 mg/m^ TWA 


0.5 mg/m^ TWA 
1 mg/m^ STEL 


X 


Chlorinated diphenyl 
oxide 


55720-99-5 


0.5 mg/m' TWA 


0.5 mg/m' TWA 




Chlorine 


7782-50-5 


1 ppm (C) 


0.5 ppm TWA 
1.0 ppm SI EL 




Chlorine dioxide 


10049-04-4 


0.1 ppm TWA 


0.1 ppm TWA 
0.3 ppm STEL 




Chlorine trifluoride 


7790-91-2 


0.1 ppm (C) 


0. 1 ppm (C) 




Chloroacetaldehyde 


107-20-0 


1 ppm (C) 


1 ppm (C) 




a-Chloroacetophenone 
(Phenacyl chloride) 


532-27-4 


0.05 ppm TWA 


0.05 ppm TWA 




Chloroacet>'l chloride 


79-04-9 


No former PEL 


0.05 ppm TWA 




Chlorobenzene 


108-90-7 


75 ppm TWA 


75 ppm TWA 





126 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



o-Chlorobenzylidene 
malononitrile 


2698-41-1 


0.05 ppm TWA 


0.05 ppm (C) 


X 


Chlorobromomethane 


74-97-5 


200 ppm TWA 


200 ppm TWA 




2-Chloro-l ,3-butadiene; 
See Z^^fa-Chloroprene 










Chlorodi fluoromethane 


75-45-6 


No former PEL 


1000 ppm TWA 




Chlorodiphenyl 
(42% Chloriiie)(PCB) 


53469-21-9 


1 mg/m' TWA 


1 mg/m' TWA 


X 


Chlorodiphenyl 
(54% Chlorine)(PCB) 


11097-69-1 


0.5 mg/m' TWA 


0.5 mg/m' TWA 


X 


l-Chloro-2, 
3 -epoxy propane; 
See Epichlorohydrin 










2-Chloroethanol; See 
Ethylene chlorohydrin 










Chloroethylene; 
see Vinyl chloride. 










Chloroform 
(Trichloromethane) 


67-66-3 


50 ppm (C) 


2 ppm TWA 




bis-Chloromethyl 
ether; see 1910.1008 


542-88-1 








Chloromethyl methyl 
ether; see 1910.1006 


107-30-2 








1 -Chloro- 1 -nitropropane 


600-25-9 


20 ppm TWA 


2 ppm TWA 




Chloropentafluoroethane 


76-15-3 


No former PEL 


1000 ppm TWA 




Chloropicrin 


76-06-2 


0. 1 ppm TWA 


0. 1 ppm TWA 




beta-Chloroprene 


126-99-8 


25 ppm TWA 


10 ppm TWA 


X 


o-Chlorostyrene 


2039-87-4 


No former PEL 


50 ppm TWA 
75 ppm STEL 




o-Cholorotoluene 


95-49-8 


No former PEL 


50 ppm TWA 




2-Chloro-6 

(trichloromethyl) 
pyridine 

Total dust 

Respirable fraction 


1929-82-4 


15 mg/m^ TWA 
5 mg/m' TWA 


15 mg/m' TWA 
5 mg/m^ TWA 




Chlorpyrifos 


2921-88-2 


No former PEL 


0.2 mg/m^ TWA 


X 


Chromic acid and 
chromates (as CrO(3)) 


Varies 

with 

compound 


Table Z-2 


0. 1 ppm (C) 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



127 



TEMPORARY RULES 



Chromium (II) 
compounds 
(asCr) 


7440-47-3 


0.5 mg/m' TWA 


0.5 mg/m' TWA 




Chromium (111) 

compounds (as Cr) 


7440-47-3 


0.5 mg/m' TWA 


0.5 mg/m' TWA 




Chromium metal and 
insol. salts (as Cr) 


7440-47-3 


1 mg/m' TWA 


1 mg/m' TWA 




Chrysene; see Coal tar 
pitch volatiles 










Clopidol 
Total dust 
Respirable fraction 


2971-90-6 


15 mg/m' TWA 
5 mg/m' TWA 


15 mg/m' TWA 
5 mg/m' TWA 




Coal dust (less than 
5% SiO(2)), respirable 
fraction 




Table Z-3 


2 mg/m' TWA 




Coal dust (greater than or 
equal to 5% SiO(2)), 
respirable fraction 




Table Z-3 


0. 1 mg/m' TWA 




Coal tar pitch 
volatiles (benzene 
soluble fraction), 
anthracene, BaP, 
phenanthrene, 
acridine, chrysene, 
pyrene. 


65966-93-2 


0.2 mg/m^ TWA 


0.2 mg/m' TWA 




Cobalt, metal; dust 
and fume (as Co) 


7440-48-4 


0. 1 mg/m' TWA 


0.05 mg/m^ TWA 




Cobalt carbonyl (as Co) 


10210-68-1 


No former PEL 


0. 1 mg/m' TWA 




Cobalt hydrocarbonyl (as 
Co) 


16842-03-8 


No former PEL 


0. 1 mg/m^ TWA 




Coke oven emissions; see 
1910.1029 










Copper 

Fume (as Cu) 

Dusts and mists (as 
Cu) 


7440-50-8 


0. 1 mg/m^ TWA 
1 mg/m^ TWA 


0. 1 mg/m' TWA 
1 mg/m^ TWA 




Cotton dust, raw, (e); 
See 1910.1043 




The time- 
weighted average 
applies to the 
cotton waste 
processing 
operation of 
waste recycling 
(blending, 
sorting, cleaning 
and willowing) 
and gametting. 


The time-weighted 

average applies to 

the cotton waste 

processing 

operation 

of waste recycling 

(blending, sorting, 

cleaning and 

willowing) and 

gametting. 





128 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Crag herbicide (Sesone) 
Total dust 
Respirable fraction. 


136-78-7 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m' 1 WA 
5 mg/m^ I'WA 




Cresol, all isomers 


Varies 

with 

compound 


5 ppm TWA 


5 ppm TWA 


X 


Crotonaldehyde 


123-73-9 
4170-30-3 


2 ppm TWA 


2 ppm TWA 




Crufomate 


299-86-5 


No former PEL 


5 mg/m^ TWA 




Cumene 


98-82-8 


50 ppm TWA 


50 ppm TWA 


X 


Cyanamide 


420-04-2 




2 mg/m^ TWA 




Cyanides (as Cn) 


Varies 

with 

compound 


5 mg/m^ TWA 


5 mg/m^ TWA 




Cyanogen 


460-19-5 


No former PEL 


10 ppm TWA 




Cyanogen chloride 


506-77-4 


No former PEL 


0.3 ppm (C) 




Cyclohexane 


1 10-82-7 


300 ppm TWA 


300 ppm TWA 




Cyclohexanol 


108-93-0 


50 ppm TWA 


50 ppm TWA 


X 


Cyclohexanone 


108-94-1 


50 ppm TWA 


25 ppm TWA 




Cyclohexene 


1 10-83-8 


300 ppm TWA 


300 ppm TWA 




Cyclohexylamine 


108-91-8 


No former PEL 


10 ppm TWA 




Cyclonite 


121-82-4 


No former PEL 


1.5 mg/m' TWA 


X 


Cyclopentadiene 


542-92-7 


75 ppm TWA 


75 ppm TWA 




Cyclopentane 


287-92-3 


No former PEL 


600 ppm TWA 




Cyhexatin 


13121-70-5 


No former PEL 


5 mg/m^ TWA 




2,4-D (Dichlorophen- 
oxyacetic acid) 


94-75-7 


10 mg/m' TWA 


10 mg/m^ TWA 




Decaborane 


17702-41-9 


0.05 ppm TWA 


0.05 ppm TWA 
0.15 ppm STEL 


X 


Demeton (Systox) 


8065-48-3 


0. 1 mg/m^ TWA 


0. 1 mg/m' TWA 


X 


Diacetone alcohol 
(4-Hydroxy-4-methyl- 
2-pentanone) 


123-42-2 


50 ppm TWA 


50 ppm TWA 




1 ,2-Diaminoethane; 
see Ethylenediamine 










Diazinon 


333-41-5 


No former PEL 


0. 1 mg/m^ TWA 


X 


Diazomethane 


334-88-3 


0.2 ppm TWA 


0.2 ppm TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



129 



TEMPORARY RULES 



Diborane 


19287-45-7 


0. 1 ppm TWA 


0. 1 ppm TWA 




l,2-Dibromo-3- 
chloropropane (DBCP) 
see 1910.1044 


96-12-8 








1,2-Dibromoethane; see 
Ethylene dibromide 










2-N-Dibutylaminoethanol 


102-81-8 


No former PEL 


2 ppm TWA 




Dibutyl phosphate 


107-66-4 


1 ppm TWA 


1 ppm TWA 

2 ppm STEL 




Dibutyl phthalate 


84-74-2 


5 mg/m^ TWA 


5 mg/m^ TWA 




Dichloroacetylene 


7572-29-4 


No former PEL 


0. 1 ppm (C) 




o-Dichlorobenzene 


95-50-1 


50 ppm (C) 


50 ppm (C) 




/7-DichIorobenzene 


106-46-7 


75 ppm TWA 


75 ppm TWA 
1 10 ppm STEL 




3,3' -Dichlorobenzidine; 
see 1910.1007 


91-94-1 








Dichlorodifluoromethane 


75-71-8 


1000 ppm TWA 


1000 ppm TWA 




l,3-Dichloro-5,5- 
dimethyl hydantoin 


118-52-5 


0.2 mg/m^ TWA 


0.2 mg/m' TWA 
0.4 mg/m' STEL 




Dichlorodiphenyltri- 
chloroethane (DDT) 


50-29-3 


1 mg/m^ TWA 


1 mg/m^ TWA 


X 


1 , 1 -Dichloroethane 


75-34-3 


100 ppm TWA 


100 ppm TWA 




1,2-Dichloroethane; see 
Ethylene dichloride 










1 ,2-Dichloroethylene 


540-59-0 


200 ppm TWA 


200 ppm TWA 




Dichloroethyl ether 


111-44-4 


15 ppm (C) 


5 ppm TWA 
10 ppm STEL 




Dichloromethane; see 
Methylene chloride 










Dichloromonofluoro- 
methane 


75-43-4 


1000 ppm TWA 


10 ppm TWA 




1,1-Dichloro -1- 
nitroethane 


594-72-9 


10 ppm (C) 


2 ppm TWA 




1 ,2-Dichloropropane; see 
Propylene dichloride 










1,3 Dichloropropene 


542-75-6 


No former PEL 


1 ppm TWA 


X 


2,2-Dichloropropionic 
acid 


75-99-0 


No former PEL 


1 ppm TWA 




Dichlorotetrafluoro- 
ethane 


76-14-2 


1000 ppm TWA 


1000 ppm TWA 





130 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Dichlorvos (DDVP) 


62-73-7 


1 mg/m' TWA 


1 mg/m^ TWA 


X 


Dicrotophos 


141-66-2 


No former PEL 


0.25 mg/m' TWA 


X 


Dicyclopentadiene 


77-73-6 


No former PEL 


5 ppm TWA 




Dicyclopentadienyl iron 
Total dust 
Respirable fraction 


102-54-5 


15 mg/m' TWA 
5 mg/m» IWA 


10 mg/m' IWA 
5 mg/m^ TWA 




Dieldrin 


60-57-1 


0.25 mg/m' 
TWA 


0.25 mg/m^ TWA 


X 


Diethanolamine 


111-42-2 


No former PEL 


3 ppm TWA 




Diethylamine 


109-89-7 


25 ppm TWA 


10 ppm TWA 
25 ppm STEL 




2-Diethylaminoethanol 


100-37-8 


10 ppm TWA 


10 ppm TWA 


X 


Diethyl ether; see Ethyl 
ether 










Diethyl ketone 


96-22-0 


No former PEL 


200 ppm TWA 




Diethyl phthalate 


84-66-2 


No former PEL 


5 mg/m' TWA 




Diethylene triamine 


111-40-0 


No former PEL 


1 ppm TWA 




Difluorodibromomethane 


75-61-6 


100 ppm TWA 


100 ppm TWA 




Diglycidyl ether (DGE) 


2238-07-5 


0.5 ppm (C) 


0. 1 ppm TWA 




Dihydroxybenzene; 
see Hydroquinone 










Diisobutyl ketone 


108-83-8 


50 ppm TWA 


25 ppm TWA 




Diisopropylamine 


108-18-9 


5 ppm TWA 


5 ppm TWA 


X 


4-Dimethylaniinoa7^- 
benzene; 
see 1910.1015 


60-11-7 








Dimethoxymethane; 
see Methylal 










Dimethyl acetamide 


127-19-5 


10 ppm TWA 


10 ppm TWA 


X 


Dimethylamine 


124-40-3 


10 ppm TWA 


10 ppm TWA 




Dimethylaminobenzene; 
see Xylidine 










Dimethylaniline 
(N , N-Dimethy laniline) 


121-69-7 


5 ppm TWA 


5 ppm TWA 
10 ppm STEL 


X 
X 


Dimethylbenzene; 
see Xylene 











11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



131 



TEMPORARY RULES 



Dimethyl-1 ,2-dibromo-2 
2-dichloroethyl 
phosphate 


300-76-5 


3 mg/m' TWA 


3 mg/m' TWA 


X 


Dimethylformamide 


68-12-2 


10 ppm TWA 


10 ppm TWA 


X 


2,6-Dimethyl-4- 
heptanone; see 
Diisobutyl ketone 










1 , 1 -Dimethylhydrazine. 


57-14-7 


0.5 ppm TWA 


0.5 ppm TWA 


X 


Dimethylphthalate 


131-11-3 


5 mg/m' TWA 


5 mg/m^ TWA 




Dimethyl sulfate 


77-78-1 


1 ppm TWA 


0. 1 ppm TWA 


X 


Dinitolmide 

(3,5-dinitro- 
o-toluamide) 


148-01-6 


No former PEL 


5 mg/m^rWA 




Dinitrobenzene 
(all isomers) 
(ortho) 
(meta) 
(para) 


528-29-0 

99-65-0 

100-25-4 


1 mg/m' TWA 


1 mg/m' TWA 


X 


Dinitro-o-cresol 


534-52-1 


0.2 mg/m'TWA 


0.2 mg/m'TWA 


X 


Dinitrotoluene 


25321-14-6 


1.5 mg/m^TWA 


1.5 mg/m^TWA 


X 


Dioxane 
(Diethylene dioxide) 


123-91-1 


100 ppm TWA 


25 ppm TWA 


X 


Dioxathion 


78-34-2 


No former PEL 


0.2 mg/m^ TWA 


X 


Diphenyl (Biphenyl) 


92-52-4 


0.2 ppm TWA 


0.2 ppm TWA 




Diphenylamine 


122-39-4 


No former PEL 


10 mg/m^ TWA 




Diphenylmethane 
diisocyanate; see 
Methylene bisphenyl 
isocyanate 










Dipropyl ketone 


123-19-3 


No former PEL 


50 ppm TWA 




Dipropylene glycol 
methyl ether 


34590-94-8 


100 ppm TWA 


100 ppm TWA 
150 ppm STEL 


X 


Diquat 


85-00-7 


No former PEL 


0.5 mg/m^ TWA 




Di-sec octyl phthalate 
(Di-(2-ethylhexyl) 
phthalate) 


117-81-7 


5 mg/m^ TWA 


5 mg/m^ TWA 
10 mg/m' STEL 




Disulfiram (Antabuse) 


97-77-8 


No former PEL 


2 mg/m' TWA 




Disulfoton 


298-04-4 


No former PEL 


0. 1 mg/m^ TWA 


X 


2,6-Di-ferr-butyl- 
/'-cresol 


128-37- 


No former PEL 


10 mg/m' TWA 





132 



NORTH CAROUNA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Diuron 


330-54-1 


No former PEL 


10 mg/m^ TWA 




Divinyl benzene 


108-57-6 


No former PEL 


10 ppm TWA 




Emery 
Total dust 
Respirable fraction. 


12415-34-8 


15 mg/m' TWA 
5 mg/m' I'WA 


10 mg/m' TWA 
5 mg/m' I'WA 




Endosulfan 


115-29-7 


No former PEL 


0. 1 mg/m' TWA 


X 


Endrin 


72-20-8 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 


X 


Epichlorohydrin 


106-89-8 


5 ppm TWA 


2 ppm TWA 


X 


EPN 


2104-64-5 


0.5 mg/m^ TWA 


0.5 mg/m' TWA 


X 


1,2-Epoxypropane; see 
Propylene oxide 










2,3-Epoxy-l-propanol; 
see Glycidol 










Ethanethiol; see 
Ethyl mercaptan 










Ethanolamine 


141-43-5 


3 ppm TWA 


3 ppm TWA 
6 ppm STEL 




Ethion 


563-12-2 


No former PEL 


0.4 mg/m^ TWA 


X 


2-Ethoxyethanol 
(Cellosolve) 


110-80-5 


200 ppm TWA 


200 ppm TWA 


X 


2-Ethoxyethyl acetate 
(Cellosolve acetate) 


111-15-9 


100 ppm TWA 


100 ppm TWA 


X 


Ethyl acetate 


141-78-6 


400 ppm TWA 


400 ppm TWA 




Ethyl acrylate 


140-88-5 


25 ppm TWA 


5 ppm TWA 
25 ppm STEL 


X 


Ethyl alcohol (Ethanol) 


64-17-5 


1000 ppm TWA 


1000 ppm TWA 




Ethylamine 


75-04-7 


10 ppm TWA 


10 ppm TWA 




Ethyl amyl ketone 
(5-Methyl-3- 
heptanone) 


106-68-3 


25 ppm TWA 


25 ppm TWA 




Ethyl benzene 


100-41-4 


100 ppm TWA 


100 ppm TWA 
125 ppm STEL 




Ethyl bromide 


74-96-4 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




Ethyl butyl ketone 
(3-Heptanone) 


106-35-4 


50 ppm TWA 


50 ppm TWA 




Ethyl chloride 


75-00-3 


1000 ppm TWA 


1000 ppm TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



133 



TEMPORARY RULES 



Ethyl ether 


60-29-7 


400 ppm TWA 


400 ppm TWA 
500 ppm STEL 




Ethyl formate 


109-94-4 


100 ppm TWA 


100 ppm TWA 




Ethyl mercaptan 


75-08-1 


10 ppm (C) 


0.5 ppm TWA 




Ethyl silicate 


78-10-4 


100 ppm TWA 


10 ppm TWA 




Ethylene chlorohydrin 


107-07-3 


5 ppm TWA 


1 ppm (C) 


X 


Ethylenediamine 


107-15-3 


10 ppm TWA 


10 ppm TWA 




Ethylene dibromide 


106-93-4 


20 ppm TWA 


20 ppm TWA 




Ethylene dichloride 
(1,2-Dichloroethane) 


107-06-2 


Table Z-2 


1 ppm TWA 

2 ppm STEL 




Ethylene glycol 


107-21-1 


No former PEL 


50 ppm (C) 




Ethylene glycol 
dinitrate 


628-96-6 


1 mg/m' (C) 


0. 1 mg/m^ STEL 


X 


Ethylene glycol methyl 
acetate; see Methyl 
cellosolve acetate 










Ethyleneimine; 
see 1910.1012 


151-56-4 








Ethylene oxide; 
see 1910.1047 


75-21-8 








Ethylidene chloride; 
see Ll-Dichlorethane 










N-Ethylmorpholine 


100-74-3 


20 ppm TWA 


5 ppm TWA 


X 


Fenamiphos 


22224-92-6 


No former PEL 


0. 1 mg/m^ TWA 


X 


Fensulfothion 


115-90-2 


No former PEL 


0.1 mg/m^ TWA 




Fenthion 


55-38-9 


No former PEL 


0.2 mg/m^ TWA 


X 


Ferbam 
Total dust 
Respirable fraction 


14484-64-1 


15 mg/m' TWA 
5 mg/m^ TWA 


10 mg/m^ IWA 
5 mg/m^ TWA 




Ferrovanadium dust 


12604-58-9 


1 mg/m^ TWA 


1 mg/m^ TWA 
3 mg/m' STEL 




Fluorides (as F) 


Varies 

with 

compounds 


2.5 mg/m^ TWA 


2.5 mg/m' TWA 




Fluorine 


7782-41-4 


0. 1 ppm TWA 


0.1 ppm TWA 




Fluorotrichloromethane 
(Trichloro- 
fluoromethane) 


75-69-4 


1000 ppm TWA 


1000 ppm TWA 
(C) 




Fonofos 


944-22-9 


No former PEL 


0. 1 mg/m^ TWA 


X 



134 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Formaldehyde; 
see 1910.1048 


50-00-0 








Formamide 


75-12-7 


No former PEL 


20 ppm TWA 
30 ppm STEL 




Formic acid 


64-18-6 


5 ppm TWA 


5 ppm TWA 




Furfural 


98-01-1 


5 ppm TWA 


2 ppm TWA 


X 


Furfuryl alcohol 


98-00-0 


50 ppm TWA 


10 ppm TWA 
15 ppm STEL 


X 


Gasoline 


8006-61-9 


No former PEL 


300 ppm TWA 
500 ppm STEL 




Germanium tetrahydride 


7782-65-2 


No former PEL 


0.2 ppm TWA 




Glycerin (mist) 
Total dust 
Respirable fraction 


56-81-5 


15 mg/m' TWA 


10 mg/m' IWA 
5 mg/m» TWA 




Glycidol 


556-52-5 


50 ppm TWA 


25 ppm TWA 




Glycol monoethyl ether; 
see 2-Ethoxyethanol 










Grain dust (oat, wheat 
barley) 




No former PEL 


10 mg/m^ TWA 




Graphite, natural 
respirable dust 


7782-42-5 


Table Z-3 


2.5 mg/m' TWA 




Graphite, synthetic 
Total dust 
Respirable Fraction 


none 


15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Guthion; 
see Azinphos methyl 










Gypsum 
Total dust 
Respirable fraction 


13397-214- 
5 


15 mg/m' TWA 
5 mg/m' TWA 


15 mg/m3 IWA 
5 mg/m' TWA 




Hafnium 


7440-58-6 


0.5 mg/m' TWA 


0.5 mg/m^ TWA 




Heptachlor 


76-44-8 


0.5 mg/m^ TWA 


0.5 mg/m' TWA 


X 


Heptane (n-Heptane) 


142-82-5 


500 ppm TWA 


400 ppm TWA 
500 ppm STEL 




Hexachlorobutadiene 


87- 
68-3 


No former PEL 


0.02 ppm TWA 




Hexachloroethane 


67-72-1 


1 ppm TWA 


1 ppm TWA 


X 


Hexachloronaphthalene 


1335-87-1 


0.2 mg/m^ TWA 


0.2 mg/m' TWA 


X 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



135 



TEMPORARY RULES 



Hexafluoroacetone 


684- 
16-2 


No former PEL 


0. 1 ppm TWA 


X 


n-Hexane 


110-54-3 


500 ppm TWA 


50 ppm TWA 




Hexane isomers 


Varies 


No former PEL 


500 ppm TWA 
1000 ppm STEL 




2-Hexanone (Methyl 
n-butyl ketone) 


591-78-6 


100 ppm TWA 


5 ppm TWA 




Hexone (Methyl 
isobutyl ketone) 


108-10-1 


100 ppm TWA 


50 ppm TWA 
75 ppm STEL 




.TPf-Hexyl acetate 


108-84-9 


50 ppm TWA 


50 ppm TWA 




Hexylene glycol 


107- 
41-5 


No former PEL 


25 ppm (C) 




Hydrazine 


302-01-2 


1 ppm TWA 


0.1 ppm TWA 


X 


Hydrogen bromide 


10035-10-6 


3 ppm TWA 


3 ppm (C) 




Hydrogen chloride 


7647-01-0 


5 ppm (C) 


5 ppm (C) 




Hydrogen cyanide 


74-90-8 


10 ppm TWA 


4.7 ppm STEL 


X 


Hydrogen fluoride 

(asF) 


7664-39-3 


No former PEL 


3 ppm TWA 
6 ppm SILL 




Hydrogen peroxide 


7722-84-1 


1 ppm TWA 


1 ppm TWA 




Hydrogen selenide (as 

Se) 


7783-07-5 


0.05 ppm TWA 


0.05 ppm TWA 




Hydrogen sulfide 


7783-06-4 


Table Z-2 


10 ppm TWA 
15 ppm STEL 




Hydrogenated terphenyls 


61788-32-7 


No former PEL 


0.5 ppm TWA 




Hydroquinone 


123-31-9 


2 mg/m^ TWA 


2 mg/m^ TWA 




2-Hydroxypropyl 
acr>'late 


999-61-1 


No former PEL 


0.5 ppm TWA 


X 


Indene 


95-13-6 


No former PEL 


10 ppm TWA 




Indium &. compounds 
(As In) 


7440-74-6 


No former PEL 


0. 1 mg/m^ TWA 




Iodine 


7553-56-2 


0.1 mg/m' (C) 


0.1 ppm (C) 




Iodoform 


75-47-8 


No former PEL 


0.6 ppm TWA 




Iron oxide, dust & fume 
Total particulate 


1309-37-1 


10 mg/m^ T\V'A 


10 mg/m^ TWA 




Iron pentacarbonyl 


13463-40-6 


No former PEL 


0.1 ppm TWA 
0.2 ppm STEL 





136 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Iron salts (soluble) 
(as Fe) 


Varies 
with 
compound 


No former PEL 


1 mg/m^ I'WA 




Isoamyl acetate 


123-92-2 


100 ppm TWA 


100 ppm TWA 




Isoamyl alcohol 
(primary and 
secondary) 


123-51-3 


100 ppm TWA 


100 ppm TWA 
125 ppm STEL 




Isobutyl acetate 


110-19-0 


150 ppm TWA 


150 ppm TWA 




Isobutyl alcohol 


78-83-1 


100 ppm TWA 


50 ppm TWA 




Isooctyl alcohol 


26952-21-6 


No former PEL 


50 ppm TWA 


X 


Isophorone 


78-59-1 


25 ppm TWA 


4 ppm TWA 




Isophorone diisocyanate 


4098-71-9 


No former PEL 


0.005 ppm TWA 
0.02 ppm STEL 


X 
X 


2-Isopropoxyethanol 


109-59-1 


No former PEL 


25 ppm TWA 




Isopropyl acetate 


108-21-4 


250 ppm TWA 


250 ppm TWA 
310 ppm STEL 




Isopropyl alcohol 


67-63-0 


400 ppm TWA 


400 ppm TWA 
500 ppm STEL 




Isopropylamine 


75-31-0 


5 ppm TWA 


5 ppm TWA 
10 ppm STEL 




A^-Isopropylaniline 


768-52-5 


No former PEL 


2 ppm TWA 


X 


Isopropyl ether 


108-20-3 


500 ppm TWA 


500 ppm TWA 




Isopropyl glycidyl 
ether (IGE) 


4016-14-2 


50 ppm TWA 


50 ppm TWA 
75 ppm STEL 




Kaolin 
Total dust 
Respirable fraction 


1332-58-7 


15 mg/m' TWA 
5 mg/m^ TWA 


10 mg/m' TWA 
5 mg/m' TWA 




Ketene 


463-51-4 


0.5 ppm TWA 


0.5 ppm TWA 
1.5 ppm STEL 




Lead inorganic (as Pb); 
see 1910.1025 


7439-92-1 








Limestone 
Total dust 
Respirable fraction. 


1317-65-3 


15 mg/m^ I'WA 
5 mg/m' TWA 


15 mg/m^ TWA 
5 mg/m' TWA 




Lindane 


58-89-9 


0.5 mg/m' TWA 


0.5 mg/m^ TWA 


X 


Lithium hydride 


7580-67-8 


0.025 mg/m' 
TWA 


0.025 mg/m^ 
TWA 




L.P.G. (Liquified 
petroleum gas) 


68476-85-7 


1000 ppm TWA 


1000 ppm TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



137 



TEMPORARY RULES 



Magnesite 
Total dust 
Respirable fraction. 


546-93-0 


15 mg/m' TWA 
5 mg/m' TWA 


15 mg/m^ TWA 
5 mg/m' TWA 




Magnesium oxide fume 
Total Particulate 
Respirable fraction 


1309-48-4 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Malathion 
Total dust 
Respirable fraction 


121-75-5 


15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m' TWA 
5 mg/m^ TWA 


X 


Maleic anhydride 


108-31-6 


0.25 ppm TWA 


0.25 ppm TWA 




Manganese compounds 
(as Mn) 


7439-96-5 


5 mg/m' (C) 


5 mg/m' TWA (C) 




Manganese fume (as Mn) 


7439-96-5 


5 mg/m^ (C) 


1 mg/m^ TWA 
3 mg/m' STEL 




Manganese cyclopentadi- 
enyl tricaronyl(as Mn) 


12079-65-1 


No former PEL 


0.1 mg/m' TWA 


X 


Manganese tetroxide(Mn) 


1317-35-7 


No former PEL 


1 mg/m' TWA 




Marble 
Total dust 
Respirable fraction 


1317-65-3 


15 mg/m' TWA 
5 mg/m^ TWA 


15 mg/m^ TWA 
5 mg/m' TWA 




Mercury (aryl and 
inorganic)(as Hg) 


7439-97-6 


0.1 mg/m^TWA 


0. 1 mg/m' (C) 


X 


Mercury (organo) alkyl 
compounds (as Hg) 


7439-97-6 
7439-97-6 


0.01 mg/m' 
TWA 
0.04 mg/m^ 

(C) 


0.01 mg/m^ TWA 
0.03 mg/m^ STEL 


X 


Mercury (vapor) (as Hg) 


7439-97-6 


0. 1 mg/m^ TWA 


0.05 mg/m^ TWA 


X 


Mesityl oxide 


141-79-7 


25 ppm TWA 


15 ppm TWA 
25 ppm STEL 




Methacrylic acid 


79-14-4 


No former PEL 


20 ppm TWA 


X 


Methanethiol; 
see Methyl mercaptan. 










Methomyl 


16752-77- 
15 


No former PEL 


2.5 mg/m^ TWA 




Methoxychlor 
Total dust 
Respirable fraction 


72-43-5 


15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m3 TWA 
5 mg/m' TWA 




2-Methoxyethanol; 
(Methyl cellosolve) 


109-86-4 


25 ppm TWA 


25 ppm TWA 


X 


2-Methoxyethyl acetate 
(Methyl cellosolve 
acetate) 


1 10-49-6 


25 ppm TWA 


25 ppm TWA 


X 


4-Methoxyphenol 


150-76-5 


No former PEL 


5 mg/m' TWA 





138 



NORTH CAROLINA REGISTER 



May 1, 1996 



TEMPORARY RULES 



Methyl acetate 


79-20-9 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




Methyl acetylene 
(Propyne) 


74-99-7 


1000 ppm TWA 


1000 ppm TWA 




Methyl acetylene 
propadiene mixture 
(MAPP) 




1000 ppm TWA 


1000 ppm TWA 
1250 ppm STEL 




Methyl acrylate 


96-33-3 


10 ppm TWA 


10 ppm TWA 


X 


Methylacrylonitrile 


126-98-7 


No former PEL 


1 ppm TWA 


X 


Methylal 
(Dimethoxymethane) 


109-87-5 


1000 ppm TWA 


1000 ppm TWA 




Methyl alcohol 


67-56-1 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 


X 
X 


Methylamine 


74-89-5 


10 ppm TWA 


10 ppm TWA 




Methyl amyl alcohol; 
see Methyl Isobutyl 
carbinol 










Methyl Ai-amyl ketone 


110-43-0 


100 ppm TWA 


100 ppm TWA 




Methyl bromide 


74-83-9 


20 ppm (C) 


5 ppm TWA 


X 


Methyl butyl ketone; 
see 2-Hexanone 










Methyl cellosolve; 
see 2-Methoxyethanol 










Methyl cellosolve 
acetate; 

see 2-Methoxyethyl 
acetate 










Methyl chloride 


74-87-3 


100 ppm TWA 
200 ppm (C) 


50 ppm TWA 
100 ppm STEL 




Methyl chloroform 
(1,1,1-Trichloro- 
ethane) 


71-55-6 


350 ppm TWA 


350 ppm IWA 
450 ppm STEL 




Methyl 2-cyanoacrylate 


137-05-3 


No former PEL 


2 ppm TWA 
4 ppm STEL 




Methylcyclohexane 


108-87-2 


500 ppm TWA 


400 ppm TWA 




Methylcyclohexanol 


25639-42-3 


100 ppm TWA 


50 ppm TWA 




o-Methylcyclohexanone 


583-60-8 


100 pm TWA 


50 ppm TWA 
75 ppm STEL 


X 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



139 



TEMPORARY RULES 



Methylcyclopenta- 
dienyl manganese 
tricarbonyl (as Mn) 


12108-13-3 


No former PEL 


0.2 mg/m' TWA 


X 


Methyl demeton 


8022-00-2 


No former PEL 


0.5 mg/m' TWA 


X 


4,4'-Methylene bis(2- 
chloroaniline)(MBOCA) 


101-14-4 


No former PEL 


0.02 ppm TWA 


X 


Methylene chloride 


75-09-2 


100 ppm 
TWA 

Table Z-2 


100 ppm TWA 

In federal 

rulemakine 




Methyl ethyl ketone 
(MEK); see 2-Butanone 










Methyl ethyl ketone 
peroxide (MEKP) 


1338-23-4 


No former PEL 


0.7 ppm (C) 




Methyl formate 


107-31-3 


100 ppm TWA 


100 ppm TWA 
150 ppm STEL 




Methyl hydrazine 
(Monomethyl 
hydrazine) 


60-34-4 


0.2 ppm (C) 


0.2 ppm (C) 


X 


Methyl iodide 


74-88-4 


5 ppm TWA 


2 ppm TWA 


X 


Methyl isoamyl ketone 


110-12-3 


No former PEL 


50 ppm TWA 




Methyl isobutyl 
carbinol 


108-11-2 


25 ppm TWA 


25 ppm TWA 
40 ppm STEL 


X 
X 


Methyl isobutyl ketone; 
see Hexone 










Methyl isocyanate 


624-83-9 


0.02 ppm TWA 


0.02 ppm TWA 


X 


Methyl isopropyl ketone 


563-80-4 


No former PEL 


200 ppm TWA 




Methyl mercaptan 


74-93-1 


10 ppm (C) 


10 ppm (C) 
0.5 ppm TWA 




Methyl methacrylate 


80-62-6 


100 ppm TWA 


100 ppm TWA 




Methyl parathion 


298-00-0 


No former PEL 


0.2 mg/m^ TWA 


X 


Methyl propyl ketone; 
see 2-Pentanone 










Methyl silicate 


681-84-5 


No former PEL 


1 ppm TWA 




alpha-Msthy] styrene 


98-83-9 


100 ppm (C) 


50 ppm TWA 
100 ppm STEL 




Methylene bis(4- 
cyclohexylisocyanate 


5124-30-1 


No former PEL 


0.01 ppm (C) 


X 


Methylene bisphenyl 
isocyanate (MDI) 


101-68-8 


0.02 ppm (C) 


0.02 ppm (C) 





140 



NORTH CAROLINA REGISTER 



May 1, 1996 



TEMPORARY RULES 



MetribuTiin 


21087-64-9 


No former PEL 


5 mg/m^ TWA 




Mica; see Silicates 










Molybdenum (as Mo) 
Soluble compounds 
Insoluble Compounds 
Total dust 
Respirable fraction 


7439-98-7 


5 mg/m^ TWA 

15 mg/m^ TWA 
5 mg/m' TWA 


5 mg/m^ TWA 

10 mg/m^ TWA 
5 mg/m' TWA 




Monocrotophos 


6923-22-4 


No former PEL 


0.25 mg/m' TWA 




Monomethyl aniline 


100-61-8 


2 ppm TWA 


0.5 ppm TWA 


X 


Monomethyl hydrazine; 
see Methyl hydrazine 










Morpholine 


110-91-8 


20 ppm TWA 


20 ppm TWA 
30 ppm STEL 


X 
X 


Naphtha (Coal tar) 


8030-30-6 


100 ppm TWA 


100 ppm TWA 




Naphthalene 


91-20-3 


10 ppm TWA 


10 ppm TWA 
15 ppm SILL 




alpha-Naphthy lamine ; 
see 1910.1004 


134-32-7 








beta-Naphthylamine; 
see 1910.1009 


91-59-8 








Nickel carbonyl (as Ni) 


13463-39-3 


0.001 ppm TWA 


0.001 ppm TWA 




Nickel, metal and 
insoluble compounds 

(as Ni) 


7440-02-0 


1 mg/m' TWA 


1 mg/m' TWA 




Nickel, soluble 
compounds (as Ni) 


7440-02-0 


1 mg/m^ TWA 


0. 1 mg/m^ TWA 




Nicotine 


54-11-5 


0.5 mg/m' TWA 


0.5 mg/m^ TWA 


X 


Nitric acid 


7697-37-2 


2 ppm TWA 


2 ppm TWA 
4 ppm STEL 




Nitric oxide 


10102-43-9 


25 ppm TWA 


25 ppm TWA 




/7-Nitroaniline 


100-01-6 


6 mg/m^ TWA 


3 mg/m^ TWA 


X 


Nitrobenzene 


98-95-3 


1 ppm TWA 


1 ppm TWA 


X 


p-Nitrochlorobenzene 


100-00-5 


1 mg/m' TWA 


1 mg/m' TWA 


X 


4-Nitrodiphenyl; 
see 1910.1003 


92-93-3 








Nitroethane 


79-24-3 


100 ppm TWA 


100 ppm TWA 




Nitrogen dioxide 


10102-44-0 


5 ppm (C) 


1 ppm STEL 




Nitrogen tri fluoride 


7783-54-2 


10 ppm TWA 


10 ppm TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



141 



TEMPORARY RULES 



Nitroglycerin 


55-63-0 


1 mg/m' (C) 


0. 1 mg/m^ STEL 


X 


Nitromethane 


75-52-5 


100 ppm TWA 


100 ppm TWA 




1-Nitropropane 


108-03-2 


25 ppm TWA 


25 ppm TWA 




2-Nitropropane 


79-46-9 


25 ppm TWA 


10 ppm TWA 




N-Nitrosodimethylamine; 
see 1910.1016 










Nitrotoluene 
(all isomers) 
o-isomer 
m-isomer 
p-isomer 


88-72-2 
99-08-1 
99-99-0 


5 ppm TWA 
5 ppm TWA 
5 ppm TWA 


2 ppm TWA 
2 ppm IWA 
2 ppm TWA 


X 
X 
X 


Nitrotrichloromethane; 
see Chloropicrin 










Nonane 


111-84-2 


No former PEL 


200 ppm TWA 




Octachloronaphthalene 


2234-13-1 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 
0.3 mg/m^ STEL 


X 


Octane 


111-65-9 


500 ppm TWA 


300 ppm TWA 
375 ppm S'l'hL 




Oil mist, mineral 


8012-95-1 


5 mg/m' TWA 


5 mg/m^ TWA 




Osmium tetroxide 
(as Os) 


20816-12-0 


0.002 mg/m^ 
TWA 


0.002 mg/m^ TWA 
0.006 mg/m' STEL 




Oxalic acid 


144-62-7 


1 mg/m' TWA 


1 mg/m^ TWA 
2 mg/m^ STEL 




Oxygen difluoride 


7783-41-7 


0.05 ppm TWA 


0.05 ppm (C) 




Ozone 


10028-15-6 


0. 1 ppm TWA 


0. 1 ppm TWA 
0.3 ppm SILL 




Paraffin wax fume 


8002-74-2 


No former PEL 


2 mg/m^ TWA 




Paraquat, respirable 
dust 


4685-14-7 
1910-42-5 
2074-50-2 


0.5 mg/m3 TWA 


0. 1 mg/m^ TWA 


X 


Parathion 


56-38-2 


0. 1 mg/m^ TWA 


0. 1 mg/m' TWA 


X 


Particulates not 

otherwise regulated 

(PNOR)(f) 
Total dust 

Respirable fraction 




15 mg/m^ TWA 
5 mg/m^ TWA 


15 mg/m^ TWA 
5 mg/m^ TWA 




PCB; see Chlorodiphenyl 
(42% and 54% 
chlorine) 










Pentaborane 


l%24-22-7 


0.005 ppm TWA 


0.005 ppm TWA 
0.015 ppm STEL 





142 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Pentachloronaphthalene 


1321-64-8 


0.5 mg/m' TWA 


0.5 mg/m' TWA 


X 


Pentachlorophenol 


87-86-5 


0.5 mg/m^ TWA 


0.5 mg/m' TWA 


X 


Pentaerythritol 
Total dust 
Respirable fraction 


115-77-5 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m^ TWA 
5 mg/m' TWA 




Pentane 


109-66-0 


1000 ppm TWA 


600 ppm TWA 
750 ppm STEL 




2-Pentanone (Methyl 
propyl ketone) 


107-87-9 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




Perchloroethylene 
(Tetrachloroethylene) 


127-18-4 


Table Z-2 


25 ppm TWA 




Perchloromethyl 
mercaptan 


594-42-3 


0. 1 ppm TWA 


0. 1 ppm TWA 




Perchloryl fluoride 


7616-94-6 


3 ppm TWA 


3 ppm TWA 
6 ppm SILL 




Periite 
Total dust 
Respirable fraction 


93763-70-3 


15 mg/m^ TWA 
5 mg/m' TWA 


15 mg/m' I'WA 
5 mg/m' TWA 




Petroleum distillates 
(Naphtha)(Rubber 
Solvent) 


8002-05-9 


500 ppm TWA 


400 ppm TWA 




Phenol 


108-95-2 


5 ppm TWA 


5 ppm TWA 


X 


Phenothiazine 


92-84-2 


No former PEL 


5 mg/m' TWA 


X 


/?-Phenylene diamine 


106-50-3 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 


X 


Phenyl ether, vapor 


101-84-8 


1 ppm TWA 


1 ppm TWA 




Phenyl ether-biphenyl 
mixture, vapor 




1 ppm TWA 


1 ppm TWA 




Phenylethylene; 
see Styrene 










Phenyl glycidyl ether 
(PGE) 


122-60-1 


10 ppm 1 WA 


1 ppm TWA 




Phenylhydra/ine 


100-63-0 


5 ppm TWA 


5 ppm TWA 
10 ppm STEL 


X 


Phenyl mercaptan. 


108-98-5 


No former PEL 


0.5 ppm TWA 




Phenylphosphine 


638-21-1 


No former PEL 


0.05 ppm (C) 




Phorate (Thimet) 


298-02-2 


No former PEL 


0.05 mg/m^ TWA 
0.2 mg/m^ STEL 


X 


Phosdrin (Mevinphos) 


7786-34-7 


0. 1 mg/m^ TWA 


0. 1 mg/m' TWA 
0.3 mg/m' STEL 


X 
X 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



143 



TEMPORARY RULES 



Phosgene (Carbonyl 
chloride) 


75-44-5 


0. 1 ppm TWA 


0. 1 ppm TWA 




Phosphine 


7803-51-2 


0.3 ppm TWA 


0.3 ppm TWA 
1 ppm STEL 




Phosphoric acid 


7664-38-2 


1 mg/m^ TWA 


1 mg/m^ TWA 
3 mg/m^ SILL 




Phosphorus (yellow) 


7723-14-0 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 




Phosphorus oxychloride 


10025-87-3 


No former PEL 


0. 1 ppm TWA 




Phosphorus 
pentachloride 


10026-13-8 


1 mg/m' TWA 


1 mg/m^ TWA 




Phosphorus pentasulfide 


1314-80-3 


1 mg/m' TWA 


1 mg/m' TWA 
3 mg/m' STEL 




Phosphorus trichloride 


7719-12-2 


0.5 ppm TWA 


0.2 ppm TWA 
0.5 ppm STEL 




Phthalic anhydride 


85-44-9 


2 ppm TWA 


1 ppm TWA 




m-Phthalodinitrile 


626-17-5 


No former PEL 


5 mg/m' TWA 




Picloram 
Total dust 
Respirable fraction 


1918-02-1 


15 mg/m' IWA 
5 mg/m' TWA 


10 mg/m^ IWA 
5 mg/m' IWA 




Picric acid 


88-89-1 


0. 1 mg/m^ TWA 


0. 1 mg/m^ TWA 


X 


Pindone (2-Pivalyl-l, 
3-indandione) 


83-26-1 


0. 1 mg/m^ TWA 


0. 1 mg/m^ TWA 




Piperazine dihydro- 
chloride 


142-64-3 


No former PEL 


5 mg/m^ TWA 




Plaster of paris 
Total dust 
Respirable fraction 


26499-65-0 


15 mg/m^ TWA 
5 mg/m' TWA 


15 mg/m' TWA 
5 mg/m' TWA 




Platinum (as Pt) 
Metal 
Soluble Salts 


7440-06-4 


0.002 mg/m' 
TWA 


1 mg/m^ TWA 
0.002 mg/m^ TWA 




Portland cement 
Total dust 
Respirable fraction 


65997-15-1 


15 mg/m^ TWA 
5 mg/m^ TWA 


10 mg/m' TWA 
5 mg/m' TWA 




Propane 


74-98-6 


1000 ppm TWA 


1000 ppm TWA 




Propargyl alcohol 


107-19-7 


No former PEL 


1 ppm TWA 


X 


Propionic acid 


79-09-4 


No former PEL 


10 ppm TWA 




Propoxur 


114-26-1 


No former PEL 


0.5 mg/m^ TWA 




/'f'ra-Propiolactone; 
see 1910.1013 


57-57-8 









144 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



«-Propyl acetate 


109-60-4 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




n-Propyl alcohol 


71-23-8 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




/j-Propyl nitrate 


627-13-4 


25 ppm TWA 


25 ppm TWA 
40 ppm STEL 




Propylene dichloride 


78-87-5 


75 ppm TWA 


75 ppm TWA 
1 10 ppm STEL 




Propylene glycol 
dinitrate 


6423-43-4 


No former PEL 


0.05 ppm TWA 




Propylene glycol mono- 
methyl ether 


107-98-2 


No former PEL 


100 ppm TWA 
150 ppm STFT , 




Propylene imine 


75-55-8 


2 ppm TWA 


2 ppm TWA 


X 


Propylene oxide 


75-56-9 


100 ppm TWA 


20 ppm TWA 




Propyne; see Methyl 
acetylene 










Pyrethrum 


8003-34-7 


5 mg/m' TWA 


5 mg/m^ TWA 




Pyridine 


110-86-1 


5 ppm TWA 


5 ppm TWA 




Quinone 


106-51-4 


0.1 ppm TWA 


0. 1 ppm TWA 




RDX: see Cyclonite 










Resorcinol 


108-46-3 


No former PEL 


10 ppm TWA 
20 ppm STEL 




Rhodium (as Rh), metal 
fume and insoluble 
compounds 


7440- 16-^ 


0. 1 mg/m' TWA 


0.1 mg/m'TWA 




Rhodium (as Rh), 
soluble compounds 


7440-16-6 


0.001 
mg/m^TWA 


0.001 mg/m^ 
TWA 




Ronnel 


299-84-3 


15 mg/m^ TWA 


10 mg/m^ TWA 




Rotenone 


83-79-4 


5 mg/m^ TWA 


5 mg/m' TWA 




Rouge 
Total dust 
Respirable fraction 




15 mg/m^ TWA 
5 mg/m' TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Selenium compounds 
(as Se) 


7782-49-2 


0.2 mg/m^ TWA 


0.2 mg/m^ TWA 




Selenium hexafluoride 

(as Se) 


7783-79-1 


0.05 ppm TWA 


0.05 ppm TWA 




Silica, amorphous, 
precipitated and gel 


112926-00- 
8 


Table Z-3 


6 mg/m' TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



145 



TEMPORARY RULES 



Silica, amorphous, 
diatomaceous earth, 
contaiaing less than 
1 % crystalline silica 




Table Z-3 


6 mg/m' i'WA 




Silica, crystalline 

cristobalite, respirable 
dust 


14464-46-1 


Table Z-3 


0.05 mg/m' IWA 




Silica, crystalline 
quartz, respirable dust 


14808-60-7 


Table Z-3 


0. 1 mg/m' TWA 




Silica, crystalline 
tripoli (as quartz), 
respirable dust 


1317-95-9 


Table Z-3 


0. 1 mg/m' TWA 




Silica, crystalline 
tridymite, 
respirable dust 


15468-32-3 


Table Z-3 


0.05 mg/m' I'WA 




Silica, fused, 
respirable dust 


60676-86-0 


Table Z-3 


0. 1 mg/m' I'WA 




Silicates (less than 1 % 

crystalline silica) 
Mica (respirable dust) 
Soapstone, total dust 
Soapstone, respirable 
dust 
Talc (containing 
asbestos): use asbestos 
limit: see 
29 CFR 1910.1001 


12001-26-2 


Table Z-3 
Table Z-3 
Table Z-3 


3 mg/m' TWA 
6 mg/m' TWA 
3 mg/m' TWA 




Talc (containing no 

asbestos), 
respirable dust 
Tremolite. 

asbestiform; see 

1910.1001 


14807-96-6 


Table Z-3 


2 mg/m' TWA 




Silicon 
Total dust 
Respirable fraction 


7440-21-3 


15 mg/m^ TWA 
5 mg/m^ TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Silicon carbide 
Total dust 
Respirable fraction 


409-21-2 


15 mg/m3 TWA 
5 mg/m^ TWA 


10 mg/m3 TWA 
5 mg/m' TWA 




Silicon tetrahydride 


7803-62-5 




5 ppm TWA 




Silver, metal dust and 
fume 
(as Ag) 


7440-22-4 


0.01 mg/m^TWA 


0.01 mg/m^TWA 




Soapstone; 
see Silicates 











146 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Sodium azide 

(as HN3) 
(as NaNj) 


26628-22-8 


No former PEL 


0.1 ppm(C) 
0.3 mg/m' (C) 


X 
X 


Sodium bisulfite 


7631-90-5 


No former PEL 


5 mg/m' TWA 




Sodium fluoroacetate 


62-74-8 


0.05 mg/m'TWA 


0.05 mg/m' TWA 

0. 15 mg/m' 

STEL 


X 
X 


Sodium hydroxide 


1310-73-2 


2 mg/m^ TWA 


2 mg/m' (C) 




Starch 
Total dust 
Respirable fraction 


9005-25-8 


15 mg/m' TWA 
5 mg/m^ TWA 


15 mg/m^ TWA 
5 mg/m» TWA 




Stibine 


7803-52-3 


0. 1 ppm TWA 


0. 1 ppm TWA 




Stoddard solvent 


8052-41-3 


500 ppm TWA 


100 ppm TWA 




Strychnine 


57-24-9 


0.15 mg/m^ 
TWA 


0.15 mg/m» TWA 




Styrene 


100-42-5 


Table Z-2 


50 ppm TWA 
100 ppm STEL 




Sucrose 
Total dust 
Respirable fraction 


57-50-1 


15 mg/m' TWA 
5 mg/m^ TWA 


15 mg/m' TWA 
5 mg/m' TWA 




Sulfur dioxide 


7446-09-5 


5 ppm TWA 


2 ppm TWA 
5 ppm STEL 




Sulfur hexafluoride 


2551-62-4 


1000 ppm TWA 


1000 ppm TWA 




Sulfuric acid 


7664-93-9 


I mg/m' TWA 


1 mg/m^ TWA 




Sulfur monochloride 


10025-67-9 


1 ppm TWA 


1 ppm (C) 




Sulfur pentafluoride 


5714-22-7 


0.025 ppm TWA 


0.01 ppm (C) 




Sulfur tetrafluoride 


7783-60-0 




0. 1 ppm (C) 




Sulfuryl fluoride 


2699-79-8 


5 ppm TWA 


5 ppm TWA 
10 ppm STEL 




Sulprofos 


35400-43-2 


No former PEL 


1 mg/m^ TWA 




Systox; see Demeton.. 
2,4,5-T (2,4,5-tri- 

chlorophenoxyacetic 

acid) 


93-76-5 


10 mg/m' 1 WA 


10 mg/m' TWA 




Talc; see Silicates 










Tantalum, metal and 
oxide dust 


7440-25-7 


5 mg/m^ TWA 


5 mg/m^ TWA 




TEDP (Sulfotep) 


3689-24-5 


0.2 mg/m' TWA 


0.2 mg/m' TWA 


X 


Tellurium and 
compounds (as Te) 


13494-80-9 


0. 1 mg/m' TWA 


0. 1 mg/m^ TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



147 



TEMPORARY RULES 



Tellurium hexafluoride 

(asTe) 


7783-80-4 


0.02 ppm TWA 


0.02 ppm TWA 




Temephos 
Total dust 
Respirable fraction 


3383-96-8 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m' TWA 
5 mg/m' TWA 




TEPP (Tetraethyl 
pyrophosphaate) 


107-49-3 


0.05 mg/m'TWA 


0.05 ppm TWA 


X 


Terphenyls 


26140-60-3 


1 ppm (C) 


0.5 ppm (C) 




1,1,1,2-Tetrachloro- 
2,2-difluoroethane 


76-11-9 


500 ppm TWA 


500 ppm TWA 




1,1,2,2-Tetrachloro- 
1,2-difluoroethane 


76-12-0 


500 ppm TWA 


500 ppm TWA 




1,1,2 , 2-Tetrachloroethan 
e 


79-34-5 


5 ppm TWA 


1 ppm TWA 


X 


Tetrachloroethylene; 
see Perchloroethylene 










Tetrachloromethane; see 
Carbon tetrachloride 










Tetrachloronaphthalene 


1335-88-2 


2 mg/m' TWA 


2 mg/m' TWA 


X 


Tetraethyl lead (as Pb) 


78-00-2 


0.075 mg/m^ 
TWA 


0.075 mg/m' TWA 


X 


Tetrahydrofuran 


109-99-9 


200 ppm TWA 


200 ppm TWA 
250 ppm STEL 




Tetramethyl lead (as Pb) 


75-74-1 


0.075 mg/m^ 
TWA 


0.075 mg/m^ TWA 


X 


Tetramethyl 
succinonitrile 


3333-52-6 


0.5 ppm TWA 


0.5 ppm TWA 


X 


Tetranitromethane 


509-14-8 


1 ppm TWA 


1 ppm TWA 




Tetrasodium 
Pyrophosphate 


7722-88-5 




5 mg/m' TWA 




Tetryl (2,4,6-Trinitro- 
phenylmethyl- 
nitramine) 


479-45-8 


1.5 mg/m^ TWA 


0. 1 mg/m' TWA 


X 


Thallium, soluble 
compounds (as TI) 


7440-28-0 


0.1 mg/m^TWA 


0. 1 mg/m^TWA 


X 


4,4"-Thiobis(6-fm- 
Butyl-/7!-cresol) 
Total dust 
Respirable fraction 


96-69-5 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m' TWA 
5 mg/m^ TWA 




Thioglycolic acid 


68-11-1 


No former PEL 


1 ppm TWA 


X 


Thionyl chloride 


7719-09-7 


No former PEL 


1 ppm (C) 





148 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Thiram 


137-26-8 


5 mg/m' TWA 


5 mg/m^ TWA 




Tin, inorganic 
compounds (except 
oxides) (as Sn) 


7440-31-5 


No former PEL 


2 mg/m^ TWA 




Tin, organic compounds 

(as Sn) 


7440-31-5 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 


X 


Tin oxide 


7440-31-5 


No former PEL 


2 mg/m' TWA 




Titanium dioxide 
Total dust 
Respirable fraction 


13463-67-7 


15 mg/m' TWA 
5 mg/m^ TWA 


10 mg/m^ TWA 
5 mg/m^ TWA 




Toluene 


108-88-3 


Table Z-2 


100 ppm TWA 
150 ppm STEL 




Toluene-2,4- 
diisocyanate (IDT) 


584-84-9 


0.02 ppm (C) 


0.005 ppm TWA 
0.02 ppm STEL 




m-Toluidine 


108-44-1 


No former PEL 


2 ppm TWA 


X 


o-Toluidine 


95-53-4 


5 ppm TWA 


5 ppm TWA 


X 


/j-Toluidine 


106-49-0 


No former PEL 


2 ppm TWA 


X 


Toxaphene; see 
Chlorinated camphene 










Tremolite; 
see Silicates 










Tributyl phosphate 


126-73-8 


5 mg/m' TWA 


2.5 mg/m' TWA 




Trichloroacetic acid 


76-03-9 


No former PEL 


1 ppm TWA 




1,1,1 -Trichloroethane ; 
see Methyl chloroform 










1 , 1 ,2-Trichloroethane 


79-00-5 


10 ppm TWA 


10 ppm TWA 


X 


Trichloroethylene 


79-01-6 


Table Z-2 


50 ppm TWA 
200 ppm STEL 




Trichloromethane; 
see Chloroform 










Trichloronaphthalene 


1321-65-9 


5 mg/m^ TWA 


5 mg/m' TWA 




1 ,2,3-Trichloropropane 


96-18-4 


50 ppm TWA 


10 ppm TWA 




l,l,2-Trichloro-l,2, 2- 
trifluoroethane 


76-13-1 


1000 ppm TWA 


1000 ppm TWA 
1250 ppm STEL 




Triethylamine 


121-44-8 


25 ppm TWA 


10 ppm TWA 
15 ppm STEL 




Trifluorobromomethane 


75-63-8 


1000 ppm TWA 


1000 ppm TWA 




Trimellitic anhydride 


552-30-7 


No former PEL 


0.005 ppm TWA 





11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



149 



TEMPORARY RULES 



Trimethylamine 


75-50-3 


No former PEL 


10 ppm TWA 
15 ppm STEL 




Trimethyl ben/^ne 


25551-13-7 


No former PEL 


25 ppm TWA 




Trimethyl phosphite 


121-45-9 


No former PEL 


2 ppm TWA 




2,4,6-TrinitrophenyI; 
see Picric acid 










2 , 4 , 6-Trinitropheny 1- 
methyl nitramine; 
see Tetryl 










2,4,6-Trinitrotoluene 
(TNT) 


118-96-7 


1.5 mg/m'TWA 


0.5 mg/m' TWA 


X 


Triorthocresyl 
phosphate 


78-30-8 


0. 1 mg/m^ TWA 


0. 1 mg/m' TWA 


X 


Triphenyl amine 


603-34-9 


No former PEL 


5 mg/m' TWA 




Triphenyl phosphate 


115-86-6 


3 mg/m' TWA 


3 mg/m' TWA 




Tungsten Compounds 
(as W) 
(insoluble) 

(Soluble) 


7440-33-7 


No former PEL 


5 mg/m' I'WA 
5 mg/m' TWA 
10 mg/m^ STEL 
1 mg/m' TWA 
3 mg/m' STEL 




Turpentine 


8006-64-2 


100 ppm TWA 


100 ppm TWA 




Uranium (as U) 
Soluble compounds 
Insoluble compounds 


7440-61-1 


0.05 mg/m^ 
TWA 

0.25 mg/m^ 
TWA 


0.05 mg/m' TWA 
0.2 mg/m^ TWA 
0.6 mg/m' STEL 




n-Valeraldehyde 


1 10-62-3 


No former PEL 


50 ppm TWA 




Vanadium 

Respirable dust (as 
V:0,) 

Fume (as V^Oj) 


1314-62-1 


0.5 ppm mg/m^ 
(C) 
0. 1 ppffl mg/m' 
(C) 


0.05 ppm (C) 
0.05 mg/m' I'WA 

0.05 ppm (C) 
0.05 mg/m^ TWA 




Vegetable oil mist 
Total dust 
Respirable fraction 




15 mg/m' TWA 
5 mg/m^ TWA 


15 mg/m^ TWA 
5 mg/m' TWA 




Vinyl acetate 


108-05-4 


No former PEL 


10 ppm TWA 
20 ppm STEL 




Vinyl benzene; 
see Styrene 










Vinyl bromide 


593-60-2 


No former PEL 


5 ppm TWA 




Vinyl chloride; 
see 1910.1017 


75-01-5 









150 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



TEMPORARY RULES 



Vinyl cyanide; 
see Acrylonitrile 










Vinyl cyclohexene 
dioxide 


106-87-6 


No former PEL 


10 ppm TWA 


X 


Vinylidene chloride 
(1,1 -dichloroethylene) 


75-35-4 


No former PEL 


1 ppm TWA 




Vinyl toluene 


25013-15-4 


100 ppm TWA 


100 ppm TWA 




VM&P Naptha 


8032-32-4 


No former PEL 


300 ppm TWA 
400 ppm STEL 




Warfarin 


81-81-2 


0. 1 mg/m' TWA 


0. 1 mg/m' TWA 




Welding fumes 
(Total particulate) 




No former PEL 


5 mg/m^ TWA 




Wood dust 
all soft and hard - 
woods except Western 
red cedar 


NONE 


No former PEL 


5 mg/m^ TWA 
10 mg/m^ STEL 




Wood dust, allergenic 
(Western Red Cedar) 


NONE 


No former PEL 


2.5 mg/m^ TWA 




m-Xylene-alpha, alpha', 
diamine 


1477-55-0 


No former PEL 


0. 1 mg/m' (C) 


X 


Xylenes 
(o-, m-, /J-isomers) 


1330-20-7 


100 ppm TWA 


100 ppm TWA 
150 ppm STEL 




Xylidine 


1300-73-8 


5 ppm TWA 


2 ppm TWA 


X 


Yttrium 


7440-65-5 


1 mg/m' TWA 


1 mg/m' TWA 




Zinc chloride fume 


7646-85-7 


1 mg/m' TWA 


1 mg/m^ TWA 
2 mg/m^ STEL 




Zinc chromate 
(as CrOj) 


varies with 
compound 


Table Z-2 


0. 1 mg/m' (C) 




Zinc oxide fume 


1314-13-2 


5 mg/m' TWA 


5 mg/m' TWA 
10 mg/m^ STEL 




Zinc oxide 
Total dust 
Respirable fraction 


1314-13-2 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m' TWA 
5 mg/m' TWA 




Zinc stearate 
Total dust 
Respirable fraction 


557-05-1 


15 mg/m' TWA 
5 mg/m' TWA 


10 mg/m^ I'WA 
5 mg/m^ TWA 




Zirconium compounds 
(asZr) 


7440-67-7 


5 mg/m' TWA 


5 mg/m' TWA 
10 mg/m^ STEL 





(B) Incorporation by reference of modified final rule for 29 CFR 1910.1200, Hazard Communication, including 
Appendices A through E, published in 59 FR (February 9, 1994) pages 6170 - 6184 except that 
1910. 1200(b)(6)(ii) is amended to read: "(ii) Any hazardous substance as such term is defined by the 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



151 



TEMPORARY RULES 



Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 
et seq), when regulated as a hazardous waste under that Act by the Environmental Protection Agency. " 
(b) The parts of the Code of Federal Regulations adopted by reference in this Subchapter shall not automatically 
include any subsequent amendments thereto, except as follows: 

(1) Subpart H — Hazardous Materials: 

(A) Technical corrections at 19I0.109(g)(4)(v), Explosives and Blasting Agents, published in 58 FR (March 
29, 1993) page 16496 and effective on December 31, 1993. 

(B) Technical corrections at 1910. 110(d)(ll), Storage and Handling of Liquefied Petroleum Gases, published 
in 58 FR (March 19, 1993) page 15089 and effective on December 31, 1993. 

(C) Technical amendments to the existing Appendix B and addition of non-mandatoiy Appendix E to 1910.120, 
Hazardous waste operations and emergency response as published in 59 FR (August 22, 1994) pages 43270 

- 43280 and effective on November 1, 1994. 

(2) Subpart I — Personal Protective Equipment: 

(A) Addition of paragraphs (d), (e) and (f) to 1910.132 -General requirements; revisions to 1910.133 - Eye and 
face protection, 1910.135 - Head protection, 1910.136 - Foot protection; and addition of 1910.138 - Hand 
protection, including non-mandatoiy Appendices A and B, published in 59 FR (April 6, 1994) pages 16360 

- 16364 and effective on September 1, 1994; addition of paragraph (g) to 1910.132 - General requirements; 
technical and clarifying amendments to 1910.133 - Eye and face protection, 1910.136 - Foot protection, 
and 1910.138 - Hand protection, as published in 59 FR (July 1, 1994) pages 33910 - 33911 and effective 
on September 1, 1994. 

(B) Revisions to 1910.137, Electrical Protective Equipment, published in 59 FR (January 31, 1994) pages 4435 

- 4437 and effective on November 1, 1994. 

(3) Subpart J — General Environmental Controls — typographical and clarifying corrections at 1910.146, 
Permit-Required Confined Spaces, published in 58 FR (June 29, 1993) pages 34844 - 34851 and effective 
on September 24, 1993; a metric equivalent addition of "1.52 m" to 1910.146 (k) (3) (ii) and revisions to 
"Atmospheric monitoring" section of Appendix E as published in 59 FR (May 19, 1994) pages 26114 - 26116 
and effective on September 1, 1994; corrections are to final rule for Permit-Required Confined Spaces as 
originally published in 58 FR 4462 (January 14, 1993). 

(4) Subpart R - Special Industries: 

(A) Amendment to Authority Citation for Subpart R of 1910 as published in 59 FR (October 12, 1994) page 
51741. 

(B) Amendments to 1910.266, Logging operations, including Appendices A, B, and C as published in 59 FR 
(October 12, 1994) pages 51741 - 51748 and effective on April 1, 1995; corrections and technical 
amendments to 1901.266(c), (d), (e), (e), (f), (g), (h), (i) and Appendix A as published in 60 FR 
(September 8, 1995) pages 47035-47037 and effective on January 1, 1996. 

(C) Amendment to Electrical Protective Equipment at 1910.269(r)(5) that requires gasoline-engine power saw 
operations to also meet the requirements of 1910.266(e) as published in 59 FR (October 12, 1994) page 
51748 and effective on April 1, 1995. 

(5) Subpart S — Electrical — amendment to citation authority for Subpart S of 1910, and amendments to Notes 
2 and 3 for 1910.133(c)(1) and the Note for 1910.133(c)(3), published in 59 FR (January 31, 1994) pages 
4475 - 4576 and effective on November 1, 1994. 

(6) Subpart Z — Toxic and Hazardous Substances: 

(A) Revision of Authority Citation for Subpart Z of Part 1910 published in 59 FR (July 19, 1994) pages 36699 - 
36700 and effective on November 1, 1994. 

(B) Revocation of exposure limits in "Final rule limits" columns of Table Z-l-A at 1910.1000, Air 
Contaminants, published in 58 FH (June 30, 1993) pages 35338 - 35351 and effective on September 24, 
1993. 

(C) Correction to Table Z-3 Mineral Dust at 1910.1000, Air Contaminants, published in 58 FR (July 27, 1993) 
page 40191 and effective on December 31, 1993. 

(D) Technical amendments and corrections to final rule on Occupational Exposure to Lead, 29 CFR 1910. 1025, 
including amendments to Appendices B and C of 1910.1025, with the same compliance dates as found in 
Table 1 of subparagraph 1910.1025(e)(1), as published in 60 FR (October 11, 1995) page 52859, and 
effective on April 1, 1996. 

(E) Typographical and technical corrections at 1910.1027, Cadmium, published in 58 FR (April 23, 1993) 
pages 21778 - 21787 and effective on September 24, 1993; corrections are to final rule for Occupational 
Exposure to Cadmium as originally published in 57 FR 42101 (September 14, 1992). 

(F) Addition of 1910.1201 "Retention of DOT markings, placards, and labels," published in 59 FR (July 19, 



152 NORTH CAROLINA REGISTER May 1, 1996 11:3 



TEMPORARY RULES 



1994) pages 36699 - 36700 and effective on November 1, 1994. 
(G) Final rule revisions to 1910.19(a), Special provisions for air contaminants, and revisions to 1910.1001, 
Asbestos, with amendments to Appendices A, B, D, F, G, and H and the addition of Appendix J, as 
published in 59 FR (August 10, 1994) pages 41057 - 41080; effective on February 1, 1995 with 
corresponding delayed effective dates as follows: 1910.1(X)l(o)(3)(i) is effective May 1, 1995 
1910.1001(o)(3)(ii) is effective May 31, 1995; 1910.1001(o)(3)(iii) is effective May 1, 1995 
1910.1001(o)(3)(iv) is effective October 31, 1995; 1910.1001(o)(3)(v) is effective July 31, 1995 
1910.1001(o)(3)(vi) is effective May 1, 1995; 1910.1001(o)(3)(vii) is effective May 31, 1995; and 
1910.1001(o)(3)(viii) is effective July 31, 1995; typographical and technical corrections to 1910.1001 
including corrections to Appendices B, F, G and J, published in 60 FR (June 29, 1995) pages 33984 - 
33987. 
(c) Copies of the appUcable Code of Federal Regulations sections referred to in this Subchapter are available to the 
public. Please refer to 13 NCAC 7A .0302 for the costs involved and from whom copies may be obtained. 

History Note: Filed as a Temporary Amendment Eff. August 16, 1993, for a Period of 180 Days or Until the 
Permanent Rule Becomes Effective, Whichever is Sooner; 
Authority G.S. 95-131; 95-133; 150B-21.6; 
Eff. August 2, 1993; 

Amended Eff. April 1, 1996; January 1, 1996; September 6, 1995; April 1, 1995; 
Temporary Amendment Eff. April 1 , 1996. 



11:3 NORTH CAROLINA REGISTER May I, 1996 153 



RULES REVIEW COMMISSION 



1 his Section contains a listing of the rules to be reviewed by the Rules Review Commission (RRC) at the next meeting 
date as noted, and rules that RRC has objected to in accordance with G.S. 150B-21.9(a). State agencies are required 
to respond to RRC objections as provided in G.S. 150B-21. 12(a). 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Vemice B. Howard 

Teresa L. Smallwood 

Charles H. Henry 

Philip O. Redwine - Vice Chairman 



Appointed by House 

Jennie J. Hayman - Chairman 
Bill Graham 
Paul Powell 
Ed Shelton 



LOG OF FILINGS 
MEETING DATE: MAY 16, 1996 

RULES SUBMITTED: MARCH 20, 1996 THROUGH APRIL 22, 1996 



FOLLOW MATTERS: 

JUSTICE/Private Protective Services Board - 

EHNR/Environmental Management Commission - 

EHNR/Commission for Health Services - 

PUBLIC DVSTRUCTION/State Board of Education - 

Medical Board - 



12 NCAC 7D .0808 

15 A NCAC 2H .0219 

15ANCAC 13B .1406, .1407, .1408, .1409 

16 NCAC 6D .0106 

21 NCAC 32H .0702 



AGENCY/DIVI 



RULE NAME 



ACTION 



DHR/CMH/DD/SAS 



Scope 

Explanation of Terms 

Authorization 

Authorization 

Written Evaluation 

Additional Information 

Communication 

General Criteria 

Coordination 

Notification 

Placement of Clients 

Resolution of Differences 

Referrals of Minors 

Scope 

Definitions 

Written Consent 

Wntten Application 

Mandatory Screening 

Telephone Notification 



10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 
10 NCAC 15A 



.0115 
.0116 
.0117 
.0118 
.0119 
.0120 
.0121 
.0122 
.0123 
.0124 
.0125 
.0126 
.0127 
.0205 
.0206 
.0207 
.0208 
.0209 
.0210 



Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Amend 

Adopt 

Repeal 

Repeal 

Repeal 

Repeal 

Repeal 

Repeal 



154 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



RULES REVIEW COMMISSION 



Referrals 


10 NCAC 


15A 


.0211 


Repeal 


Referrals 


10 NCAC 


15A 


.0212 


Repeal 


Use of Form 


10 NCAC 


15A 


.0213 


Repeal 


Screening 


10 NCAC 


15A 


.0214 


Repeal 


Written Agreements 


10 NCAC 


15A 


.0215 


Repeal 


Information 


10 NCAC 


15A 


.0216 


Repeal 


Notification 


10 NCAC 


15A 


.0217 


Repeal 


Sharing of Information 


10 NCAC 


15A 


.0218 


Repeal 


Ongoing Information 


10 NCAC 


15A 


.0219 


Repeal 


Failure of Area Program 


10 NCAC 


15A 


.0220 


Repeal 


Emergency Involuntary Commitment 


10 NCAC 


15A 


.0221 


Repeal 


Emergency Admissions 


10 NCAC 15A 


.0222 


Repeal 


Area Program Procedures 


10 NCAC 


15A 


.0223 


Repeal 


Discharge Planning 


10 NCAC 


15A 


.0224 


Repeal 


Participants 


10 NCAC 


15A 


.0225 


Repeal 


Discharge of Minor 


10 NCAC 


15A 


.0226 


Repeal 


Discharge Planning 


10 NCAC 


15A 


.0227 


Repeal 


Discharge Plan Implementation 


10 NCAC 


15A 


.0228 


Repeal 


DEPARTMENT OF INSURANCE 










Cancer Insurance 


11 NCAC 


12 .0551 


Amend 


Organizational Structure 


11 NCAC 


12 .0901 


Adopt 


Written Utilization Review Plan 


11 NCAC 


12 .0918 


Adopt 


Telephone Accessibility 


11 NCAC 


12 .0919 


Adopt 


Claim Reserve 


11 NCAC 


16 .0703 


Amend 


Application 


11 NCAC 21 .0101 


Adopt 


Financial Statements 


11 NCAC 21 .0102 


Adopt 


Determination 


11 NCAC 21 .0103 


Adopt 


Service Contracts 


11 NCAC 21 .0104 


Adopt 


Adjusting Claims 


11 NCAC 21 .0105 


Adopt 


Payment of Claims 


11 NCAC 21 .0106 


Adopt 


General Administration 


11 NCAC 21 .0107 


Adopt 


Claims Administration 


11 NCAC 21 .0108 


Adopt 


Marketing and Sales 


11 NCAC 21 .0109 


Adopt 


Member Services 


11 NCAC 21 .0110 


Adopt 



DEHNR/ENVIRONMENTAL MANAGEMENT COMMISSION 

Fresh Surface Water Quality 



15A NCAC 2B .0216 



Amend 



DEHNR/MARINE nSHERIES COMMISSION 

Prohibited Fishing Activity 
Fishing Gear 



15A NCAC 31 .0019 Adopt 

15A NCAC 3J .0401 Amend 



DEHNR/COASTAL RESOURCES COMMISSION 

Purpose 

Approval Procedures 
Permit Fee 
General Conditions 
Specific Conditions 

DEHNRAVBLDLIFE RESOURCES COMMISSION 

Permitted Archery Equipment 

Prohibited Taking 

Deer (White-Tailed) 

Quail 

Wild Turkey 

Wildcat (Bobcat) 



15 A NCAC 7H .2301 
15 A NCAC 7H .2302 
15 A NCAC 7H .2303 
15 A NCAC 7H .2304 
15A NCAC 7H .2305 



15A NCAC 
15A NCAC 
15A NCAC 
15A NCAC 
15A NCAC 
15A NCAC 



lOB .0116 
lOB .0201 
lOB .0203 
lOB .0208 
lOB .0209 
lOB .0214 



Adopt 
Adopt 
Adopt 
Adopt 
Adopt 



Amend 
Amend 
Amend 
Amend 
Amend 
Amend 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



155 



RULES REVIEW COMMISSION 



Nutria 


15A NCAC lOB .0220 


Amend 


Open Seasons 


15A NCAC lOB .0302 


Amend 


Bag Limits 


15A NCAC lOB .0303 


Amend 


Genera] Regulations 


15A NCAC lOD .0002 


Amend 


Hunting on Game T flnds 


15A NCAC lOD .0003 


Amend 


STATE BOARD OF EDUCATION 






Definitions 


16 NCAC lA .0001 


Amend 


Organization of Department 


16 NCAC lA .0003 


Amend 


School Calendar 


16 NCAC 6A .0001 


Repeal 


Suspension 


16 NCAC 6A .0002 


Repeal 


School Bus Drivers 


16 NCAC 6B .0001 


Repeal 


School Bus Maintenance 


16 NCAC 6B .0005 


Repeal 


School Bus Inspections 


16 NCAC 6B .0006 


Repeal 


Definitions 


16 NCAC 6C .0101 


Amend 


Criminal History Checks 


16 NCAC 6C .0313 


Amend 


Basic Education Program 


16 NCAC 6D .0102 


Repeal 


Exit Documents 


16 NCAC 6D .0104 


Repeal 


Testing Requirements 


16 NCAC 6D .0301 


Amend 


Test Administration 


16 NCAC 6D .0302 


Amend 


Attendance Defined 


16 NCAC 6E .0101 


Amend 


Attendance Excused 


16 NCAC 6E .0102 


Amend 


Involuntary Suspensions 


16 NCAC 6E .0104 


Amend 


Interscholastic Athletics 


16 NCAC 6E .0202 


Amend 


Local School 


16 NCAC 6G .0301 


Repeal 


Differentiated Pay 


16 NCAC 6G .0302 


Repeal 


Flexible Funding 


16 NCAC 6G .0303 


Amend 


Definitions 


16 NCAC 6H .0001 


Amend 


Non-Instructional Special Education 


16 NCAC 6H .0006 


Amend 


Special Education Assessment 


16 NCAC 6H .0007 


Amend 


Surrogate Parents 


16 NCAC 6H .0008 


Amend 



DEPARTMENT OF REVENUE 

Dissolutions 



17 NCAC 5C .2101 



Amend 



RULES REVIEW OBJECTIONS 

ACUPUNCTURE LICENSING BOARD 

21 NCAC 1 .0709 - Procedure of Revocation of Licensure 
Agency Re\ised Rule 

AGRICULTURE 

Pesticide Board 

2 NCAC 9L . 1806 - Crop Advisor Expemption 
Agency Re\'ised Rule 

AUCTIONEERS COMAHSSION 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



04/18/96 
04/18/96 



03/21/96 
03/21/96 



21 NCAC 4B .0202 - Filing and Fees 

Agency Revised Rule 
21 NCAC 4B .0403 - Apprentice Auctioneer License 

Agency Revised Rule 
21 NCAC 4B .0602 - Advertising 

Agency Re\'ised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 



156 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



RULES REVIEW COMMISSION 



'F 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Resources Commission 

15 A NCAC 7H .0208 - Use Standards 
Agency Revised Rule 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

EnTiroranental Managanent 

15 A NCAC 2H .0219 - Minimum Design Requirements 



RRC Objection 03/21/96 

Obj. Cont'd 03/21/96 

Obj. Cont'd 04/18/96 

Eff. 05/01/96 



RRC Objection 04/18/96 



Commission for Health Services 

15A NCAC 13B . 1401 - Requirement for Permit RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

15A NCAC 13B . 1402 - General Provisions for SW Compost Facilities RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

15A NCAC 13B . 1404 - Siting/Design Requirements for SW Compost Facilities RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

15A NCAC 13B . 1405 - Application Requirements for SW Compost Facilities RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

15A NCAC 13B . 1406 - Operational Requirements for Solid Waste Compost Facilities RRC Objection 04/18/96 

Agency Revised Rule Obj. Cont'd 04/18/96 

15A NCAC 13B . 1407 - Classification/Distribution of Solid Waste Compost Products RRC Objection 04/18/96 

Agency Revised Rule Obj. Cont'd 04/18/96 

15A NCAC 13B . 1408 - Methods for Testing and Reporting Requirements RRC Objection 04/18/96 

Agency Revised Rule Obj. Cont'd 04/18/96 

15A NCAC 13B . 1409 - Approval of Alternative Procedures and Requirements RRC Objection 04/18/96 

15 A NCAC 18A .1723 - Springs RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 
15A NCAC 18A . 1727 - Continuous Disinfection 

Rule Withdrawn by Agency 04/18/96 
15A NCAC 18A . 1805 - Inspection Forms 

Rule Withdrawn by Agency 04/18/96 



Wildlife Resources Commission 

15A NCAC lOK .0001 - Course Requirements 

Agency Revised Rule 
15A NCAC lOK .0003 - Instructor Certification Requirements 

Rule Withdrawn by Agency 

FEE-BASED PRACTICING PASTORAL COUNSELORS 



RRC Objection 
Obj. Removed 



03/21/96 
03/21/96 

03/21/96 



21 NCAC 45 .0201 - Information Required 

No Response from Agency 

Agency Revised Rule 
21 NCAC 45 .0301 - Types 

No Response from Agency 

Agency Revised Rule 
21 NCAC 45 .0402 - Second Notice 

No Response from Agency 

Agency Revised Rule 
21 NCAC 45 .0501 - Continuing Education Requirements 

No Response from Agency 

Agency Revised Rule 
21 NCAC 45 .0601 - Equivalency 

No Response from Agency 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 



02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



157 



RULES REVIEW COMMISSION 



Agency Re\'ised Rule 
21 NCAC 45 .0701 - Issuance of Temporary Certificate 

No Response fi-om Agency 

Agency Revised Rule 
21 NCAC 45 .0802 - Types of Supervision 

Agency Revised Rule 

No Response from Agency 

Rule Returned to Agency 
21 NCAC 45 .0901 - Requirements for Individual Psychotherapy Experience 

Agency Revised Rule 

No Response from Agency 

Rule Returned to Agency 
21 NCAC 45 .1001 - Code of Ethics 

No Response from Agency 

Rule Returned to Agency 



Obj. 


Removed 


04/18/96 


RRC 


Objection 


02/15/96 


Obj. 


Cont'd 


03/21/96 


Obj. 


Removed 


04/18/96 


RRC 


Objection 


02/15/96 


Obj. 


Cont'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 


Obj. 


Cont'd 


04/18/96 


RRC 


Objection 


02/15/96 


Obj. 


Cont'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 


Obj. 


Cont 'd 


04/18/96 


RRC 


Objection 


02/15/96 


Obj. 


Cont'd 


03/21/96 


Obj. 


Cont 'd 


04/18/96 



HEARING AID DEALERS AND FITTERS BOARD 



21 NCAC 22L .0001 - Committee on Investigations 
RRC Re\'iev.'ed Rule 
Agency Revised Rule 



Extended Review; 01/ 18/96 
RRC Objection 02/15/96 
Obj. Removed 03/21/96 



HUMAN RESOURCES 



Medical Care Commission 

10 NCAC 3C .5401 - Definitions 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5402 - Physician Reqfor Inpatient Rehabilitation Facilities or Units 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5407 - Comprehensive Rehabilitation Personnel Administration 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5408 - Comprehensive Inpatient Rehabilitation Program Staffing Req. 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5409 - Staff Training for Inpatient Rehabilitation Facilities or Unit 

Agency' Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5412 - Additional Requirements for Traumatic Brain Injury Patients 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 
10 NCAC 3C .5413 - Additional Requirements for Spinal Cord Injury Patients 

Agency Responded 

Rule Returned to Agency 

Agency Filed Rule for Codification Over RRC Objection 



Commission for Mental Health, Developmental Disabilities and Substance Abuse Services 

10 NCAC 15A .0100 and .0200 
Rules Withdrawn by Agency 



RRC 


Objection 


01/18/96 


Obj. 


Cont 'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 




Eff 


05/01/96 


RRC 


Objection 


01/18/96 


Obj. 


Cont'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 




Eff. 


05/01/96 


RRC 


Objection 


01/18/96 


Obj. 


Cont'd 


02/15/96 


Obj. 


Cont'd 


03/21/96 




Eff 


05/01/96 


RRC 


Objeaion 


01/18/96 


Obj. 


Cont'd 


02/15/96 


Obj. 


Cont'd 


03/21/96 




Eff 


05/01/96 


RRC 


Objection 


01/18/96 


Obj. 


Cont 'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 




Eff 


05/01/96 


RRC 


Objection 


01/18/96 


Obj. 


Cont 'd 


02/15/96 


Obj. 


Cont'd 


03/21/96 




Eff 


05/01/96 


RRC 


Objection 


01/18/96 


Obj. 


Cont 'd 


02/15/96 


Obj. 


Cont 'd 


03/21/96 


ices 


Eff 


05/01/96 

03/21/96 



158 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



RULES REVIEW COMMISSION 



Social Services Commission 

10 NCAC 39D .0304 - Alternative Work Experience 

Agency Responded 

RRC Reconsidered this Rule 
10 NCAC 46D .0106 - Allocation 

Rule Withdrawn by Agency 
10 NCAC 46D .0107 - Reimbursement 

Rule Withdrawn by Agency 
10 NCAC 46D .0202 - Review Criteria for Start-Up Funds 

Rule Withdrawn by Agency 



Extended Review 01/ 18/96 

RRC Objection 02/15/96 

Obj. Cont'd 03/21/96 

Obj. Removed 04/18/96 

RRC Objection 01/18/96 

Obj. Cont'd 03/21/96 

RRC Objection 01/18/96 

Obj. Cont'd 03/21/96 

RRC Objeaion 01/18/96 

Obj. Cont'd 03/21/96 



INSURANCE 



Agent Services Division 

11 NCAC 6A .0904 - Regulatory Matters 
Agency Revised Rule 

Consumer Services Division 

11 NCAC 4 . 0502 - Assumed Expenses and Current Scale 

Agency Revised Rule 
11 NCAC 4 .0505 - Standards for Basic Illustrations 

Agency Revised Rule 
11 NCAC 4 .0506 - Standards for Supplemental Illustrations 

Agency Revised Rule 
11 NCAC 4 .0509 - Annual Certifications 

Agency Revised Rule 



RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 



JUSTICE 

Private Protective Services 

12 NCAC 7D .0808 - Concealed Weapons 
No Response from Agency 

MARITAL AND FAMILY THERAPY CERTIFICATION BOARD 

21 NCAC 31 .0102 - Address 

No Response from Agency 

Agency Repealed Rule 
21 NCAC 31 .0104 -Fees 

No Response from Agency 

Agency Repealed Rule 
21 NCAC 31 . 0304 - Subsequent Reexaminations 

No Response from Agency 

Rule Withdrawn by Agency 
21 NCAC 31 .0502 - Approved Supervision 

No Response from Agency 

Agency Revised Rule 

MEDICAL BOARD 



RRC Objection 
Obj. Cont'd 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objeaion 
Obj. Cont'd 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



03/21/96 
04/18/96 



02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 
02/15/96 
03/21/96 
04/18/96 



21 NCAC 32H .0101 - Authority: Intent and Goals 

Agency Repealed Rule 
21 NCAC 32H .0303 - Sponsor Hospital 

Agency Revised Rule 
21 NCAC 32H .0402 - Emergency Medical Technician-Paramedic Performance 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 



04/18/96 
04/18/96 
04/18/96 
04/18/96 
04/18/96 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



159 



RULES REVIEW COMMISSION 



Agency Revised Rule 
21 NCAC 32H .0403 - Emergency Medical Technician-Intermediate Performance 

Agency Revised Rule 
21 NCAC 32H .0406 - Emergency Medical Tech.: Advanced Intermediate Performance 

Agency Revised Rule 
21 NCAC 32 H .0702 - Requests 

NURSING 

21 NCAC 36 .0228 - Clinical Nurse Specialist Practice 
Agency Revised Rule 

NURSING HOME ADMINISTRATORS 

21 NCAC 37C .0101 - Petitions for Adoption of Rules 

Agency Re\'ised Rule 
21 NCAC 37C .0102 - Procedure for Adoption of Rules 

Agency Revised Rule 
21 NCAC 37D .0412 - Initial On-the-Job Training 

Agency Revised Rule 
21 NCAC 37F .0101 - Prerequisites for Temporary Licensure 

Agency Revised Rule 
21 NCAC 371 .0101 - Investigation: Discipline: and Contested Case Proceedings 

Agency Revised Rule 



Obj. Removed 


04/18/96 


RRC Objection 


04/18/96 


Obj. Removed 


04/18/96 


RRC Objection 


04/18/96 


Obj. Removed 


04/18/96 


RRC Objection 


04/18/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 


RRC Objection 


03/21/96 


Obj. Removed 


03/21/96 



PUBLIC EDUCATION 



State Board of Education 

16 NCAC 6D .0106 - Limited English Proficiency Programs 
No Response from Agency 



RRC Objection 
Obj. Cont'd 



03/21/96 
04/18/96 



SECRETARY OF STATE 



Boxing Commission 

75 NCAC 9 .0101 - Purpose, Applicability and Scope of the Rules 

Agency Revised Rule 
18 NCAC 9 .0103 - North Carolina State Boxing Commission 

Agency Revised Rule 
18 NCAC 9 .0104 - Conduct of Boxing Matches 

Agency Rewrote Rule as 18 NCAC 9 .0104 through .0109 
18 NCAC 9 .0106 - Licensing Requirements and Duties of Licensees 

Agency Revised Rule and Recodified to 18 NCAC 9 .0111 
18 NCAC 9 .0107 - Contracts and Financial Arrangements 

Agency Revised Rule and Recodified to 18 NCAC 9 .0112 
18 NCAC 9 .0108 - Kickboxing 

Agency Rewrote Rule as 18 NCAC 9 .0113 through .0116 
18 NCAC 9 .0117 - Toughman Match 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
03/21/96 
04/18/96 
04/18/96 



SUBSTANCE ABUSE PROFESSIONALS 



21 NCAC 68 .0101 - Definitions 

Agency Revised Rule 
21 NCAC 68 .0206 - Process for Prevention Consultant Certification 

Agency Revised Rule 
21 NCAC 68 .0403 - Employer Inservice Event 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Rerrwved 



04/18/96 
04/18/96 
04/18/96 
04/18/96 
04/18/96 
04/18/96 



160 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



RULES REVIEW COMMISSION 



VETERINARY MEDICAL BOARD 

21 NCAC 66 

Rules Withdrawn by Agency 03/21/96 

21 NCAC 66 .0203 - License Required to Practice; Faculty Cert.; Zoo Veterinary Cert. RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0206 - Minimum Standards for Continuing Education RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0207 - Minimum Facility and Practice Standards RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0301 - Application and Examination RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0303 - Spcl/Reg. /Vet. /Tech. /Intems/Precep;Renewal/Tech. /Reg RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0606 - Who Shall Hear Contested Cases RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 

21 NCAC 66 .0703 - Subpoenas RRC Objection 04/18/96 

Agency Revised Rule Obj. Removed 04/18/96 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



161 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with 
an index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge by 
contacting the Office of Administrative Hearings, (919) 733-2698. 



DECISION 
CITATION 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED 
REGISTER 



ALCOHOLIC BEVERAGE CONTROL COMMISSION 



Alcoholic Beverage Control Commission v. Tremik, Inc. 

Alcoholic Beverage Control Commission v. Huffman Oil Co., Inc. 

Pinakin P. Talate v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Henry Franklin Gurganus 

Andrew Parker v. Alcoholic Beverage Control Commission 

Barraq Sabri Alquza v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Partnership T/A T & L Groceries 

Alcoholic Beverage Control Commission v. Cashion's Food Mart, Inc. 

Bro Bee, Inc. v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Commission v. Donald Ray Doak 

George Wright and Alice Ramsuer v. Alcoholic Beverage Control Comm. 

CRIME CONTROL AND PUBLIC SAFETY 

Helen B. Hunter-Reid v. Crime Victims Compensation Commission 
Kenneth Saunders v. Victims Compensation Commission 
Manuel Cervantes v. Victims Compensation Fund 

ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 

Kinston Urologicai Associates, P. A. v. N.C. Cancer Program 
Kinston Urologicai Associates, P. A. v. N.C. Cancer Program 

Coastal Resources 



95 ABC 0925 


Morriosn 


95 ABC 1251 


West 


95 ABC 1329 


West 


95 ABC 1389 


West 


95 ABC 1402 


Phipps 


95 ABC 1424 


Phipps 


95 ABC 1443 


West 


95 ABC 1444 


Gray 


95 ABC 1480 


West 


95 ABC 1488 


West 


96 ABC 0058 


Becton 



03/25/96 
04/03/96 
04/10/96 
04/01/96 
03/27/96 
04/03/96 
03/26/96 
03/13/96 
04/15/96 
03/29/96 
04/16/96 



11:03 NCR 166 



95 CPS 1336 


Nesnow Smith 


03/29/96 


95 CPS 1445 


Chess 


03/26/96 


96 CPS 0118 


Chess 


03/19/96 



11:02 NCR 93 



95 EHR 1198*^ 


Neenow Smith 


03/27/96 


11:02 NCR 


97 


95 EHR 1199*^ 


Nesnow Smith 


03/27/96 


11:02 NCR 


97 



J. E. Smith Construction Co. v. Division of Coastal Management 96 EHR 0074 

Environmental Management 

Conover Lumber Co., Inc. v. EHNR, Division of Environmental Mgmt. 
Jack West d/b/a Jack West Tree Service v. Environmental Mgmt. Comm. 



95 EHR 1081 
95 EHR 1421 



LoTid Resources 

K&G Properties, Inc. v. EHNR, Division of Land Resources 

Marine Fisheries 



95 EHR 1078 



Nesnow Smith 



Reilly 
Morrison 



Nesnow Smith 



02/23/96 



04/12/96 
04/08/96 



03/25/96 



Robert I. Swinson, Sr. v. EHNR, Health & Nat. Res., Marine Fisheries 
Grayden L. Fulcher and Michael Styron, Sr. v. Div. of Marine Fisheries 

WIC Program 

Lazelle Marks v. EHNR, Division of Maternal and Child Health 
Bob's Quick Mart, Bobby D. Braswell v. Env., Health, & Natural Res. 
Larry E. Mis v. USDA-Food/Cons Svc, Cory Menees-WlC Prog., EHNR 

HUMAN RESOURCES 



95 EHR 0320 

96 EHR 0003 



Chess 
Reilly 



03/29/96 
03/06/96 



95 EHR 0870 


West 


03/27/96 


96 EHR 0091 


Nesnow Smith 


04/02/96 


96 EHR 0164 


Phipps 


03/19/96 



11:03 NCR 168 



Cassandra M. Deshazo v. Christine E. Carroll, Chf Chid Abuse/Neg. Sec. 95 DHR 1410 Phipps 03/28/96 

Medicus Robinson v. Department of Human Resources 96 DHR 0167 Nesnow Smith 04/12/96 



162 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



\U 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Child Development 

Mary T. Hill v. DHR, Division of Child Development 95 DHR 1 192 

Division of Facility Services 

Eloise Brown v. Dept. of Human Resources, Division of Facility Services 95 DHR 1002 

Group Care Licensure Section 

Alex L. McCall v. DHR, Div/Facility Svcs, Group Care Licensure Sec. 95 DHR 1456 

Division of Social Services 

Rozena Chambliss v. Department of Human Resources 95 DHR 1044 

Addle & Major Short v. Department of Human Resources 95 DHR 1063 

Mr. and Mrs. Jessie Stevenson v. DHR, Division of Social Services 95 DHR 1072 

William G. Rsher v. DHR, Div. of Social Services, Prog InUgrity Branch 95 DHR 1234 

Vema F. Nunn v. Department of Human Resources 95 DHR 1330 



Child Support Enforcemeru Section 

Richard R. Fox, Sr. v. Department of Human Resources 

Joselito D. Pilar v. Department of Human Resources 

David Lee Grady v. Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Peter Robert Kovolsky v. Department of Human Resources 

Lawrence Dow Dean v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Keith Dewayne Senters v. Department of Human Resources 

Mickey Turner v. Department of Human Resources 

James Joseph Gallagher v. Department of Human Resources 

James Thomas McRae v. Department of Human Resources 

David J. Moseley v. Department of Human Resources 

Derrick L. Conyers v. Department of Human Resources 

Charles Edward Smith v. Department of Human Resources 

James Curtis Witwer v. Department of Human Resources 

Thomell Bowden v. Department of Human Resources 

Henry S. Sada v. Department of Human Resources 

Charles F. Moore v. Department of Human Resources 

Daniel Leslie Baker v. Department of Human Resources 

John L. Pike v. Department of Human Resources 

Wm. R. Evans v. Department of Human Resources 

Rory J. Curry v. Department of Human Resources 

Marcus Anthony Butts v. Department of Human Resources 

Cynthia Pioder v. Department of Human Resources 

Ramon Domenech v. Department of Human Resources 

Dennis L. McNeill v. Department of Human Resources 

Rick E. Atkins v. Department of Human Resources 

Timothy A. Ratley (Jeanes) v. Department of Human Resources 

Wilbur Dewayne Bault v. Department of Human Resources 

Ronald D. Johnson v. Department of Human Resources 

John W. Scott V. Department of Human Resources 

Jeanne G. Bishop v. Department of Human Resources, Child Sup. Enf. 

Laura Heidorf v. Department of Human Resources, Child Support Enf. 

INSURANCE 



Phipps 



Phipps 



Nesnow Smith 



Ncsnow Smith 

Morrison 

Phipps 

Morrison 

Gray 



03/27/96 



03/07/96 



03/26/96 



03/12/96 
03/19/96 
03/15/96 
03/19/96 
04/11/96 



95 CSE 1169 


Becton 


03/19/96 


95 CSE 


1180 


Chess 


03/01/96 


95 CSE 


1218 


Morrison 


03/26/96 


95 CSE 


1221 


Nesnow Smith 


03/05/96 


95 CSE 


1230 


Becton 


03/11/96 


95 CSE 1267 


Morrison 


03/29/96 


95 CSE 


1270 


Nesnow Smith 


03/15/96 


95 CSE 


1273 


Phipps 


04/01/96 


95 CSE 


1278 


Nesnow Smith 


03/14/96 


95 CSE 


1280 


Chess 


03/19/96 


95 CSE 1296 


Chess 


03/15/96 


95 CSE 


1304 


Chess 


03/29/96 


95 CSE 


1308 


ReiUy 


03/13/96 


95 CSE 


1309 


West 


03/07/96 


95 CSE 1331 


Becton 


03/26/96 


95 CSE 


1345 


Morrison 


03/07/96 


95 CSE 


1367 


Nesnow Smith 


03/21/96 


95 CSE 1369 


Chess 


03/27/96 


95 CSE 


1373 


Morrison 


03/12/96 


95 CSE 


1376 


Nesnow Smith 


03/21/96 


95 CSE 


1377 


Becton 


03/11/96 


95 CSE 


1380 


Mann 


03/15/96 


95 CSE 


1405 


Nesnow Smith 


03/27/96 


95 CSE 


1406 


Becton 


03/11/96 


95 CSE 


1408 


Phipps 


03/11/96 


95 CSE 


1435 


Becton 


03/13/96 


95 CSE 


1437 


Phipps 


04/01/96 


95 CSE 


1465 


Morrison 


03/26/96 


95 CSE 


1475 


West 


03/13/96 


96 CSE 0084 


Nesnow Smith 


03/27/96 


96 CSE 0130 


Mann 


03/15/96 


95 DCS 0958 


West 


04/04/96 


96 DCS 0065 


ReiUy 


03/22/96 



Carol M. Hall v. Teachers & State Employees Comp. Major Medical Plan 95 INS 1141 
Nadia A. Hakim v. Department of Insurance 95 INS 1422 

JUSTICE 

Education and Training Standards Division 

Freddie Levcm Thompson v. Criml. Justice Ed. & Training Stds. Comm. 95 DOJ 0731 
Valerie Maxine Brewington v. Criml. Justice Ed. & Training Stds. Comm. 95 DOJ 1129 
Patricia Josephine Bonanno v. Sheriffs' Ed. & Training Stds. Comm. 95 DOJ 1 152 



Phipps 
Nesnow Smith 



Chess 

Nesnow Smith 
Chess 



04/01/96 
03/26/96 



02/29/96 
04/12/96 
03/25/96 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



163 



CONTESTED CASE DECISIONS 



AGENCY 



Rick M. Evoy v. Criminal Justice Ed. & Training Stds. Comm. 
Gregory Lcc Daughtridge v. Sheriffs' Ed. & Training Stds. Comm. 
Carlton Gerald v. Criminal Justice Ed. & Training Stds. Comm. 
Ken Montie Oxendinc v. Criminal Justice Ed. & Training Stds. Comm. 
David Kent Knight v. Sheriffs' Ed. & Training Stds. Comm. 

Private Protective Services Board 

Timothy A. Hawkins v. Private Protective Services Board 
William F. Combs v. Private Protective Services Board 



CASE 




DATE OF 


NUMBER 


ALi 


DECISION 


95 DOJ 1235 


Chess 


03/25/96 


96 DOJ 0027 


Reilly 


03/19/96 


96 DOJ 0068 


Gray 


03/26/96 


96 DOJ 0071 


West 


03/28/96 


96 DOJ 0115 


West 


03/28/96 



95 DOJ 1419 

96 DOJ 0022 



West 
West 



04/12/96 
03/22/96 



PUBLISHED DECISION 
REGISTER CITATION 



PUBLIC INSTRUCTION 

Lavem K. Suggs v. NC Board of Education 95 EDC 0383 Nesnow Smith 

J.T.S. & T.S., Parents of E. M.S. v. Chapel Hill-Carrboro City Schl. Sys. 95 EDC 1194 Mann 



03/13/96 
04/12/96 



11:01 NCR 50 



STATE PERSONNEL 

Administrative Office of tku Court 

Ethel R. Tyson v. NC Judicial Dept., Administrative Office of the Court 96 OSP 0080 

Appalachian State University 

Janice S. Walton v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0062 
Janice S. Carroll v. Appalachian St University, Claude Cooper, Bill Ragan96 OSP 0063 

Caldwell County 

Blake C. Pace v. Caldwell County 

Department of Correction 



96 OSP 0047 



Haydee Craver v. Department of Correction, Pender Correctional Inst. 95 OSP 1046 
Brenda Propst v. Foothills Correctional Institution 96 OSP 0199 

Department of Environment, Health, and Natural Resources 

Roberta Ann "Robin" Hood v. Environment, Health, & Natural Resources 95 OSP 0035 

Department of Human Resources 

Ophelia Webb v. Edard R. Inraan, Dir. Alamance Cly DSS, Alamance 96 OSP 0112 
Cty DSS, Alamance County, and DHR 

Caswell Center 



Nesnow Smith 



West 
West 



Morrison 



Gray 

Morrison 



Reilly 



Gray 



03/15/96 



03/13/96 
03/07/96 



04/01/96 



03/12/96 
04/09/96 



04/09/96 



03/13/96 



Ramona C. Jenkins v. Department of Human Resources, Caswell Center 89 
Ramona C. Jenkins v. Department of Human Resources, Caswell Center 91 
Franklin D. Sutton v. Department of Human Resources, Caswell Center 94 



Department of Labor 

Kevin P. Kolbe, Sr. v. Department of Labor 

New Hanover County Board of Health 

Tabandeh Zand v. New Hanover County Board of Health 

Department of Transportation 



OSP 0411 
OSP 0522 
OSP 0766 



^ Consolidated cases. 



95 OSP 0968 



95 OSP 1035 



94 



Pearlie M. Simuel-Johnson v. Department of Transportation 

Dorothy J. Grays v. Div. of Motor Vehicles, Dept. of Transportation 94 

Pearlie M. Simuel-Johnson v. Department of Transportation 95 



OSP 0589-' 
OSP 1044 
OSP 0837*' 



Becton 
Becton 
Nesnow Smith 



Morrison 



Nesnow Smith 



Gray 

Reilly 

Gray 



03/26/96 
03/26/96 
03/21/96 



03/14/96 



03/01/96 



03/01/96 
04/12/96 
03/01/96 



11:02 NCR 89 



11:01 NCR 58 



11:03 NCR 173 



164 



NORTH CAROLINA REGISTER 



May I, 1996 



11:3 



CONTESTED CASE DECISIONS 



AGENCY 



Mclvin Duncan v. Department of Transportation 

Jesse Wayne Castle v. State Highway Maint., Guess Rd., Durtiam, NC 96 OSP 0087 



Tri-County Mental Health Complex 

Deborah Heil v. Tri-County Mental Health Complex 

University of North Carolina 

Jerel H. Bonner v. School of Nursing UNC at Chapel Hill 

UNIVERSITY OF NORTH CAROLINA 

Sylvia Jeffries v. University of NC Hospitals at Chapel Hill 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AIJ 


DECISION 


REGISTER CITATION 


95 OSP 1462 


Morrison 


03/08/96 




96 OSP 0087 


Gray 


04/15/96 




95 OSP 1100 


Nesnow Smith 


03/22/96 





96 OSP 0026 



Gray 



96 UNC 0067 Gray 



03/12/96 



04/16/96 



11:01 NCR 61 



11:3 



NORTH CAROLINA REGISTER 



May 1, 1996 



165 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ORANGE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

95 ABC 1251 



NC ABC COMMISSION, 
Petitioners 



HUFFMAN OIL COMPANY, INC., T/A 
MOUNTAIN VIEW TEXACO 
Respondent 



RECOMMENDED DECISION 



This contested case was heard in Raleigh, North Carolina, on February 27, 1996 by Administrative Law Judge 
Thomas R. West. 



APPEARANCES 

Petitioner, N.C. AlcohoUc Beverage Control Commission was represented by Deputy General Coimsel Glenn 
B. Lassiter, Jr. 

Respondent Huffman Oil Company, Inc. T/A Mountain View Texaco was represented by Pamela S. Ehiffy of 
the law firm of Wishart, Norris, Henninger & Pittman, P. A. in Burlington, North Carolina. 



PI 
P2 
P3 



EXHIBITS 

Copy of Limited Driving Privilege presented by Shambley 

Original of Limited Driving Privilege presented by Shambley 

Appalachian State University Student I.D. Card for Kevin Eugene Shambley 

WITNESSES 



Christopher Waters 
Mary Winkler Duggins 
Kevin Eugene Shambley 
Mike Scott 



ALE Agent 

Clerk, Mountain View Texaco 

Supervisor, Huffman Oil 

ISSUE 



Is it a valid defense, pursuant to G.S. 18B-302(d)(2), for Respondent to have sold beer to Kevin Shambley, a 
person under the age of 21 years, when Shambley presented a valid picture I.D. card correctly identifying him as Kevin 
Eugene Shambley, and a falsified Limited Driving Privilege correctly identifying Shambley but falsely showing him to 
be 21 years of age? 

FINDINGS OF FACT 

1 . Respondent Huffrnan OU Company T/A Mountain View Texaco holds permits from Petitioner ABC Commission 
to sell beer, wine and fortified wine for consumption off-premises. 

2. Mountain View Texaco is located at 1414 Highway 70 East in Hillsborough, North Carolina. The ABC 
Commission has not taken any action with regard to the business' permits prior to this contested case. 

3. On Friday, April 7, 1995 at 10:35 p.m., Kevin Eugene Shambley purchased two six-packs of beer and four 
wine coolers from Mountain View Texaco. The clerk who handled the sale was Mary Winkler Duggins. Shambley 



166 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 



CONTESTED CASE DECISIONS 



was 20 years and 8 months of age on the date of the purchase. 

4. On July 29, 1994, Shambley was convicted, in Watauga County, of driving while impaired in violation of G.S. 
20-138.1. On that same date, Shambley was issued by the Court a limited Driving Privilege pursuant to G.S. 20-179.3. 

5. The Limited Driving Privilege was issued to Shambley because Shambley 's driver's license had been revoked 
as a result of his driving while impaired. 

6. At some pwint after being issued the limited Driving Privilege, Shambley made a photocopy of it and "whited 
out" his actual birth date of "08-07-74" which had been typed on the document. Shambley typed in "08-07-73." 
Shambley then photocopied the altered copy several times until the "white-out" was no longer visible. Shambley then 
soiled the falsified document to make it look used. 

7. If Shambley had been bom on August 7, 1973, he would have been 21 years of age on April 7, 1995. 

8. The store clerk who sold alcohol to Shambley at Mountain View Texaco was Mary Winkler Duggins. When 
Shambley came to the check-out counter with the two six- packs and four wine coolers, Duggins asked Shambley for 
his I.D. Shambley produced a valid identification card from Appalachian State University with his picture on it, intro- 
duced as Exhibit P3, and the falsified Limited Driving Privilege, introduced as Exhibit P2. 

9. The Limited Driving Privilege introduced as Exhibit P2 appears to be a valid ORDER issued by the North 
Carolina General Court of Justice. The falsified birth date does not appear to be falsified. 

CONCLUSIONS OF LAW 

1. Respondent has produced evidence of facts that reasonably indicated at the time Shambley purchased the 

alcoholic beverages on April 7, 1995 that Shambley was at least 21 years of age. 

RECOMMENDED DECISION 

It is recommended that no action be taken against Respondent. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
PO Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish 
a copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the N.C. ABC Commission. 

This the 3rd day of April, 1996. 



Thomas R. West 
Administrative Law Judge 



11:3 NORTH CAROLINA REGISTER May 1, 1996 167 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF PENDER 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

95 EHR 0320 



ROBERT I. SWINSON, SR., 
Petitioner, 

V. 

NORTH CAROLINA DEPARTMENT OF 
ENVIRONMENT, HEALTH AND NATURAL 
RESOURCES, DIVISION OF MARINE 
FISHERIES 

Respondent. 



RECOMMENDED DECISION 



This matter was heard before Administrative Law Judge Sammie Chess, Jr., on September 15, 1995 
in Burgaw, North Carolina. 

Petitioner filed a Petition for a Contested Case Hearing on March 23, 1995 in order to appeal respondent 
Division of Marine Fisheries' Notice of Intent to Terminate petitioner's Shellfish Lease No. 536. 

APPEARANCES 

For Petitioner: Robert I. Swinson, Sr., pro se 

1672 Watts Landing Road 
Hampstead, NC 28443 

For Respondent: Jay L. Osborne 

Assistant Attorney General 

N.C. Department of Justice 

P.O. Box 629 

Raleigh, North Carolina 27602-0629 

ISSUE 

1. Whether respondent properly intends to terminate petitioner's shellfish lease, pursuant to N.C.G.S. § 113-202, 

15A NCAC 30 .0200 et seq. and rules referred to or incorporated there in, for failure to locate and mark shellfish lease 
no. 536 in its proper location? Petitioner expressly does not contest Respondent's March 3, 1995 NOTICE OF DENIAL 
OF SHELLFISH LEASE APPUCATION and all issues associated with said DENIAL are not before this court. 

The undersigned makes the following: 

FINDINGS OF FACT 

A. Events Culminadns in the Filine of this Contested Case 

1. In January 1994, respxandent North Carolina Division of Marine Fisheries received a complaint concerning the 
posted size of lease number 536. The complainant complained that Lease No. 536 was not properly marked and that 
it was encompassing within its boundaries a natural shellfish bed in violation of N.C.G.S. § 113-202. (Tp 23, Rll and 
12). 

2. In resp>onse to the complaint respondent, through the office of Mike Marshall Section Chief of the Resource 
Enhancement Section (Tp 14), requested that Mr. Loie Priddy survey lease no. 536. 

3 . Mr. Loie Priddy is a Registered Land Surveyor in the State of North Carolina and is chief of the Coastal Survey 
Unit for the North Carolina Geodetic Survey. (Tp 51, Rll). 



168 



NORTH CAROLINA REGISTER 



May 1, 1996 



11:3 i 



CONTESTED CASE DECISIONS 



4. On February 22, 1994, Mr. Loie Priddy completed a certified survey of, among other things, the actual lease 
location of Lease Number 536 as compared to the area posted as lease number 536. 

5. Based on Mr. Loie Priddy 's survey, former Division of Marine Fisheries Director William T. Hogarth issued 
a NOTICE OF INTENT TO TERMINATE SHELLFISH LEASE 536, addressed to Robert Swinson and dated March 17, 
1994. 

K_ Legal Provisions of Shellfish Lease No. 536 

6. Renewal Lease of Shellfish Bottom, Lease No. 536, contains the following legal description: 

Beginning at a stake in Bluff Bay, Pender County, N.C., said stake being approximately 300 
yards in a northeastwardly direction from Bluff Point and runs S. 54°-05' W. 348 feet to a 
stake; thence N 23°-5' W. 910 feet to a stake; thence N. 60°-15' E. 321 feet to a stake; 
thence S. 25°-12' E. 872 feet to the beginning, containing 6.8 acres. 

7. The legal description of the shellfish lease no. 536 has not changed since the original lease no. 536 was granted 
to lessee W.S. Dowless in 1951. (See Respondent's Exhibits 1 - 10). 

8. Robert I. Swinson, Sr. is the lessee and the State of North Carolina is the lessor of a RENEWAL LEASE OF 
SHELLFISH BOTTOM, Lease number 536. Lessor and lessee entered into this renewal lease on June 13, 1991. The 
lease term runs for a period often years from April 1, 1991. (Respondent's Exhibit Number 1 ("Rl")). 

9. Paragraph 2 of the terms of lease number 536 provides that, "this Lease is subject to all of the provisions of 
N.C. Statutes now in effect or hereafter enacted and all of the regulations of the North Carolina Marine Fisheries 
Commission now in effect or hereafter adopted." (Rl). 

10. Paragraph 4 of the terms of the lease number 536 provide in part that "[i]t is agreed that upon failure on the 
part of the lessee to serve or carry out any of the above provisions or any of the provisions incorporated by reference 
or any of the following conditions imposed on the leased premises by the Secretary of the North Carolina Department 
of Environment, Health and Natural Resources, this Lease shall be terminated. " 

C. Determination of the Legal Boundaries of Lease No. 536 

11. Testimony by both registered land surveyors, Mr. Priddy (for the respondent) and Mr. Padgett (for the 
petitioner), concluded that the legal description of Lease No. 536 alone was too vague to determine its proper location. 
The initial point at which to begin the survey is outlined in lease no. 536 as follows: "Beginning at a stake in Bluff Bay, 

Pender County, N.C, said stake being approximately 300 yards in a northeastwardly direction from Bluff Point " 

Neither Mr. Priddy nor Mr. Padgett could locate the stake in Bluff Bay. Neither Mr. Priddy nor Mr. Padgett could 
locate a definitive point to be Bluff Point. Neither surveyor could determine from the lease description the starting point 
to survey lease no. 536. 

12. Mr. Priddy testified that "ties" are used by registered surveyors to determine the boimdaries of surveys. Ties 
are fixed points on which a surveyor can rely for accuracy. A surveyor "ties in" to a fixed point and plots his or her 
survey from this beginning point. Mr. Priddy offered uncontroverted testimony that registered land surveyors are taught 
to rely first on naturally occurring markers to establish a tie and that such reliance is the professional standard for 
registered land surveyors. (Tp 81). As stated above. Bluff Point was not a definable tie for surveying purposes. 

13. Both surveyors testified that, given coastal weather and water conditions, boundary stakes of shellfish leases 
shift and move. (Tp. 154, 168). 

1. Petitioner's Survey 

14. Petitioner's submitted survey purports only to mark the boundaries of Lease No. 536 as it is posted in the 
water. Registered Land Surveyor Danny Marco Padgett performed the survey and completed the accompanying map 
of the survey. Mr. Padgett testified that from the legal description of Lease 536, it was impossible to accurately locate 
the legal boundaries of Lease No. 536. Therefore, Mr. Padgett "actually surveyed the posted line that is posted there 
[in the water] today [August 1995]. That is what this survey (petitioner's exhibit 1) represents." (Tp. 153). 



11:3 NORTH CAROLINA REGISTER May 1, 1996 169 



CONTESTED CASE DECISIONS 



15. Mr. Padgett testified that the orientation of Lease No. 536 as posted inaccurately varies from its legal 
description by 14 to 24 degrees. (Tp 163). Mr. Priddy also testified that lease no. 536 is oriented inaccurately. Mr. 
Padgett's survey in part ties Lease No. 536 in with stakes of other leases as those leases are marked in the water. (Tp 
168). Mr. Padgett's survey does not purfXJrt to tie in lease no. 536 with the legal descriptions of other leases. (Tp 169). 
Petitioner offered into evidence no survey marking the legal boundaries of Lease No. 536, and only offered evidence 
of lease no. 536 as posted in the water. 

2. Respondent's Survey 

16. Mr. Priddy testified that in order to accurately determine the legal boundary of lease No. 536, legal descriptions 
of adjoining shellfish leases (active and inactive) must be examined and a "lease chain reconstruction" must be 
completed. "Lease chain reconstruction" examines leases with common boundaries or close boundaries and attempts 
to establish a contiguous chain of leases until a good "tie" can be determined. 

17. Using "lease chain reconstruction," Mr. Priddy testified that he examined leases and former leases which 
adjoined lease no. 536. By determining a common boundary line between lease no. 536 and adjoining leases, a surveyor 
could determine an accurate "tie" on an adjoining lease. By plotting the leases and their adjoining boundaries, a 
surveyor can use the "tie" on one lease to determine the legal boundaries of lease no. 536. (See Respondent's Exhibit 
14). 

18. (Former) lease no. 615 declared two of its boundaiy points to be located on two points of marsh in Bluff Bay. 
Mr. Priddy testified that these two points were very prominent and specific. (Tp 76). Mr. Priddy testified that these 
two points were shown geographically on the original survey of Lease No. 615. (Tp. 83). Mr. Priddy testified that 
these two points offered the best "tie-ins" to reconstruct the legal position of the lease. Surveyor Padgett, while doubting 
the accuracy of any relevant "tie in" point, testified that "it's [the two boxmdary points in lease no. 615] the most 
accurate thing that's out there in the area, yes." (Tp 174). 

19. As Chief of North Carolina's Coastal Survey Unit, Mr. Priddy has worked with the problem of erosion as it 
relates to coastal surveying. (Tp 52). Mr. Priddy has completed several publications on the topic of erosion as it relates 
to coastal surveying. (Tp 52). 

A. Mr. Priddy testified that m his opinion erosion would not be a significant factor on the boundary points 
of lease no. 615 because the area does not have the necessary prevailing wind to cause significant 
erosion. Also, because of barrier islands on the opposite shoreline are relatively close and tree lined, 
there is not enough distance over the water to create enough "fetch" to cause significant erosion. (Tp. 
106, line 18 to Tp 107, line 3). Mr. Priddy testified that, given the geographical and weather 
conditions of the area, these points could have eroded approximately ten feet since 1951. (Tp 170). 

B. Surveyor Padgett testified that, relative to conditions associated with the rest of the coast, the area 
where lease no. 536 is located "certainly would be a low erosion area." (Tp 173). 

20. Mr. Priddy surveyed and platted the following lease construction as illustrated in R14: 

A. The legal descriptions of lease nos. 535 and 536 show that the western boundary of former lease no. 
535 adjoins the eastern boundary of petitioner's lease no. 536. (R14 and 16). 

B. The eastern boundary of former lease number 535 adjoins the western boundary of former lease no. 
558. 

C. One of the two "tie in" points, located in former lease no. 615, lies approximately 40 yards to the 
southeast of the southeast comer of former lease no. 558, matching the legal description of lease no. 
615: "...said stake lying approximately 40 yards in a southeasterly direction from the southeast comer 
of the W.G. Edens lease. ..." (R18). 

Respondent's survey (R14) illustrates, when tied in to the natural boundary markers of lease no. 615, the legal 
boimdaries of lease no. 536. 

CONCLUSIONS OF LAW 



170 NORTH CAROLINA REGISTER May 1, 1996 11:3 



CONTESTED CASE DECISIONS 



21. All parties are properly before the Office of Administrative Hearings, and the Office has jurisdiction over the 
parties and the subject matter. 

22. All parties have been correctly designated, and there is no question as to misjoinder or nonjoinder. 

23. N.C.G.S. 1-45.1 provides that lands submerged by navigable waters are subject to "public trust rights" and are 
held in trust by the State for the use and benefit of the people of the State of North Carolina in common. They are 
established by common law as interpreted by the courts of this State. They include the right to . . . fish . . . and the right 
to freely use and enjoy — 

24. N.C.G.S. § 113-202(a) provides that, in order to increase the use of suitable underlying coastal fishing waters 
for the production of shellfish, the Secretary of the Department of Environment, Health and Natural Resources may grant 
limited rights to shellfish cultivation leases on public trust submerged lands. Suitable areas for shellfish leases must 
meet, among other standards, the following minimum standard: 

(a)(2) The area lease must not contain a natural shellfish bed. 

25. Where the rights of exclusive shellfish harvest pursuant to a lease ends, the public's right to harvest shellfish 
begins. 

26. Title to real property held by the State and subject to public trust rights may not be acquired by adverse 
possession. N.C.G.S. 1-45.1. The doctrine of adverse possession does not apply to leases. See, e.g., State ex rel 
Rohrer v. Credle, 322 N.C. 522, 534, 369 SE2d 825 (1988); Mizell v. Ewell, 27 N.C. App. 507, 219 S.E.2d 513 
(1975); Webster's Real Estate Law in North Carolina, Third Edition, 234. 

27. A lease must include a definite description of the property leased. Advertising, Inc. v. Harper, 1 N.C. App. 
504 (1970). A latent ambiguity occurs when the words of the legal instrument are plain and intelligible, but extrinsic 
facts are necessary to identify the person or thing mentioned therein. Redd v. Taylor, 270 N.C. 14, 22. If extrinsic 
evidence does not sufficiently identify lease boundaries, then the lease is void because of vagueness. See, e.g., id. at 

24. 

28. Petitioner has the duty to accurately survey and mark his lease. 15A NCAC 30 .0204. 15A NCAC 30 
.0204(a)(1)(A) requires in pertinent part that "stakes be firmly driven into the bottom of each comer (of the lease)." 
Petitioner carries the burden of proof to show that his lease as posted in the water comports with the legal description 
contained within the lease. 

29. Petitioner submitted a plat of lease no. 536 as marked in the waters of the State. Petitioner does not purport 
to submit a survey showing the boundaries of the lease derived from its legal description. Petitioner's surveyor testified 
that the legal description of lease no. 536 could not be surveyed and marked on the water because of the vagueness of 
the description. 

If p)etitioner's survey were the only evidence before this court to prove the legal boundaries of lease no. 536, 
this court would be required to void petitioner's lease. Petitioner's lease contains latent ambiguities regarding its 
boundary description and petitioner's extrinsic evidence does not clarify those ambiguities. 

30. Respondent offers the only evidence which purports to plot the legal boundaries of lease no. 536. 

31. Respondent performs "lease chain reconstruction," an analysis in accordance with the professional standards 
of registered land surveyors, in order to determine the legal boundaries of lease no. 536. Through "lease chain 
reconstruction," respondent presents extrinsic evidence which sufficiently identifies the legal boundaries of lease no. 536. 

Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDED DECISION 

The Secretary of the Department of Environment, Health and Natural Resources should uphold respondent's 
NOTICE OF INTENT TO TERMINATE SHELLHSH LEASE NO. 536. If petitioner fails to meet the directives 
contained within the NOTICE (R13) within 30 days of the issuance of the final decision in this matter, then petitioner's 



11:3 NORTH CAROLINA REGISTER May 1, 1996 171 



CONTESTED CASE DECISIONS 



lease should be terminated and petitioner should be sent a NOTICE OF FINAL TERMINATION in accordance with 
N.C.G.S. § 113-202(m). 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. N.C.G.S. 150B-36(a). 

The agency is required by N.C.G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings. The agency that will 
make the final decision in this contested case is the Secretary of the Department of Environment, Health and Natural 
Resources. 

This the 29th day of March, 1996. 



Sammie Chess, Jr. 
Administrative Law Judge 



172 NORTH CAROLINA REGISTER May 1, 1996 11:3 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 
COUNTY OF WAKE 



IN THE OFnCE OF 

ADMINISTRATIVE HEARINGS 

94OSP1044 



DOROTHY J. GRAYS, 
Petitioner, 



V. 



DIVISION OF MOTOR VEHICLES, 
N.C. DEPARTMENT OF TRANSPORTATION 
Respondent. 



RECOMMENDED DECISION 



THIS MATTER was heard before Robert R. Reilly, Jr., Administrative Law Judge, on December 11, 12, 18, 
1995 and January 24, February 22 and 23, 1996. The case was originally scheduled for hearing on February 27, 1995. 
Respondent's Motion to Continue was allowed and the case was rescheduled for August 23-25, 1995. 
On August 14, 1995 Respondent again moved to continue citing witness problems. The motion was granted and the 
hearing rescheduled for December, 1995. 

BACKGROUND 

The Petitioner initiated this contested case on September 30, 1994 in order to appeal the Respondent Agency's 
June 7, 1994 decision to dismiss her for unacceptable personal conduct. Respondent claimed that Petitioner, as a title 
examiner, knowingly accepted altered title documents and exhibited a pattern and practice of accepting altered title 
documents between January 2, 1992 and March 4, 1994. Petitioner denied all charges. 

ISSUES 

1. Whether Respondent had "just cause" to suspend and subsequently dismiss Petitioner for unacceptable personal 
conduct within the meaning of N.C. Gen. Stat. 126-35? 

2. Whether Respondent violated State Personnel policy and regulations governing predismissal conferences (25 
NCAC .01 J .0600) when it failed to show Petitioner any of the 237 documents (alleged to have been altered) during the 
predismissal conference or at any other time prior to her dismissal? 

APPLICABLE STATUTES AND RULES 

N.C. Gen. Statute 126-35, State Personnel Commission Rule 25 NCAC .OIJ .0600 et sec[. and Office of State 
Personnel Manual, Section 9, pages 2-8 (Disciplinary Action, Suspension and Dismissal, Eff. July 
1, 1993) 

APPEARANCES 

For Petitioner : Thomas Hilliard, HI 
HILUARD & JONES 
Attorneys at Law 
P.O. Box 25305 
Raleigh, N.C. 27611-5305 

For Respondent : C. Norman Young 

Associate Attorney General 
N.C. Department of Justice 
P.O. Box 629 
Raleigh, N.C. 27602 

WITNESSES 



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NORTH CAROLINA REGISTER 



May 1, 1996 



173 



CONTESTED CASE DECISIONS 



Petitioner presented the following witnesses: Phil Henry, Brenda Crump, Kay Toole, and Dorothy J. Grays. 

Respondent presented the foUowing witnesses: Wesley Denton, Carol Howard, James Grays, Kay Toole, Phil Henry, 
Dorothy J. Grays, and Brenda Crump. 

EXHIBITS 

I. Petitioner's exhibits which were admitted into the record included the following: 

P-1 Petitioner's Performance Appraisal Rating dated 3-28-94 

P-2 Petitioner's Performance Appraisal Rating dated 4-1-93 

P-3 Petitioner's Performance Appraisal Rating dated 3-26-92 

P-4 Petitioner's Performance Appraisal Rating dated 3-25-91 

P-5 Petitioner's Performance Appraisal Rating dated 2-20-90 

P-6 Petitioner's Critical Tasks and Performance Expectations dated 6-21-90 

P-7 Petitioner's Critical Tasks and Performance Expectations dated 10-31-89 

P-8 State Personnel Manual Excerpt re; Disciplinary Action, 

Suspension and Dismissal, Section 9, Pages 3-6, Effective July 1, 1993 

P-9 February 7, 1994 letter to Petitioner from Phil Henry re Title Examining Supervisor position 

P-10 May 12, 1994 letter to Petitioner for Phil Henry re Suspension without pay 

P-11 June 6, 1994 letter hand-delivered to Petitioner same day by Phil Henry at meeting in DMV offices 

P-1 2 June 7, 1994 letter to Petitioner from Phil Henry re Dismissal from employment 

P-1 3 August 30, 1993 title document with errors processed by Barbara Daughtry 

P-14 January 13, 1992 title document with errors processed by Barbara Sorrell 

P-1 5 January 13, 1992 title document with errors processed by Jean Barber 

P-17 NCDMV Title Documents Processed by Petitioner October-December, 1991, April, 1990, and 

December, 1989 (220 documents listed) 

P-17-A October 3, 1991 title document (VIN# KNJPT05H1L6 145082) 

P-17-B October 9, 1991 title document ('VJN* 1G2BL3518GX237616) 

P-17-C October 18, 1991 title document (VIN# 1GHCW69B8G1460719) 

P-17-D October 22, 1991 title document (VIN# 1HGCB7669LA043070) 

P-17-E November 5, 1991 title document (VIN# 1FABP26A1FF1 14035) 

P-17-F November 8, 1991 title document CV1N# JHMAF523FS00676B) 

P-17-G November 18, 1991 title document (VIN# 1G3NF54U7HM269826) 

P-17-H November 22, 1991 title document (VIN# 1HGAD7433EA061481) 

P-1 7-1 November 27, 1991 title document CVIN* lJCai5N8DT012176) 

P-17-J December 4, 1991 title document (VIN# JHMAK5437GS014927) 

P-17-K December 9, 1991 title document (VIN# JT2AE95COJ3159171) 

P-17-L December 11, 1991 title document (VIN# 1FMCA1160JZA86081) 

P-17-M December 12, 1991 title document (VIN# JN1HU115XHT203794) 

P-17-N December 16, 1991 title document (VIN# 1HGCA562XJA126363) 

P-17-0 December 16, 1991 title document (VIN# 2G3AJ54N9L2357684) 

P-17-P December 31, 1991 title document (VIN# 1G1AN35N3J1018941) 

P-17-Q December 5, 1989 title document (VIN# 1G1FP87H5GL109863) 

P-17-R December 6, 1989 title document (VIN# 1Y1SK5469LZ106389) 

P-17-S December 7, 1989 title document (VIN# 1GDHC34W4GJ502018) 

P-17-T December 20, 1989 title document (V1N# 1G8DM15N7FB1 17744) 

P-17-V April 20, 1990 title document (VIN# 1FTBR10AXH6A74429) 

P-18 Office notes of Carol Howard, then-Assistant Director, Vehicle Registration Section 

P-19 Tape recording of June 6, 1994 predismissal conference involving Phil Henry, Carol Howard and 

Petitioner 

Other title documents processed by Petitioner 1989-1991 (197 documents). 

n. Respondent's exhibits which were admitted into the record included the following: 

R 1-238 Title documents processed by the Petitioner 
R-239 Letter to Petitioner form Phil Henry, dated June 6, 1994 
R-240 Letter to Petitioner from Phil Henry, dated June 7. 1994 

174 NORTH CAROLINA REGISTER May 1, 1996 11:. 



CONTESTED CASE DECISIONS 



R-243 List of titles prepared under the supervision of Inspector Wesley Denton 

Based upon sworn testimony of witnesses and documents admitted into evidence, the undersigned makes the 
following: 

FINDBVGS OF FACT 

1. Petitioner was employed by the N.C. Department of Transportation in the Division of Motor Vehicles from 
January, 1971 through June 7, 1994. Her initial position classification was that of Clerk I. 

2. On October 1, 1989 petitioner was promoted to a title examiner V position (SG 61) in the Vehicle Registration 
Section and assigned to the dealer unit of the Raleigh Window. Her duties included, inter alia, processing 60-70 
title documents daily with three (3) supervisor complaints per week (P. Exh.7 & 18). 

3. Petitioner's work performance evaluation completed on October 31, 1989 showed that she processed 32 title 
documents daily with 28 supervisor complaints during the thirty (30) day evaluation period. Her performance rating 
was evaluated at level one (1), the lowest and worst assignable (P. Exh. 7). 

4. In November, 1989 petitioner made processing errors by failing to collect fees; she was coimseled by her 
supervisors (P. Exh. 18). 

5. On June 21, 1990 respondent issued a performance appraisal to the petitioner for preceding four (4) month 
period beginning February 21, 1990 (P. Exh. 6). 

6. For the appraisal period mentioned above, petitioner was expected to process 54-64 title documents or rejections 
daily with 9-10 supervisor complaints every nine (9) months. Her actual performance showed 53 title documents 
processed per day with 20 sufjervisor complaints. Respondent assigned petitioner a performance rating level of 1.5 or 
poor (P. Exh. 6). 

7. During the appraisal period November 1, 1989 through February 20, 1990, respondent stopped counting 
petitioner's errors for one month at the petitioner's request and provided training. Her performance was rated below 
average (P. Exh. 5). 

8. On March 25, 1991 respondent issued a performance appraisal to petitioner that showed that she processed 55 
title documents daily with 22 major errors during the grading cycle. Her performance was rated at level G or good 
(P. Exh. 4). 

9. On March 22, 1992 respondent issued a performance appraisal to petitioner citing her need to control title errors 
and increase production. She showed average performance in completing the title work according to the narrative 
appraisal summary (P. Exh. 3). 

10. For the period March 21, 1992 March 31, 1993, respxandent issued a performance appraisal to petitioner, a title 
examiner V, showing her title errors doubled after the October, 1992 work plan was implemented (P. Exh. 2 & 18). 

11. For the appraisal period mentioned above, petitioner processed 58 title documents daily with thirty-five (35) 
title and license errors. The error factor was far below satisfactory according to her supervisors (P. Exh. 2 & 18). 

12. On October 21, 1993, respondent issued an interim appraisal to petitioner citing her for committing eleven (11) 
title errors while processing title documents and for showing no performance stability. Petitioner processed fifty-two 
(52) title documents daily (P. Exh. 1). 

13. On May 12, 1994 respondent suspended petitioner without pay pending an investigation into allegations that 
she knowingly accepted 237 altered or modified title document between January 2, 1992 and March 4, 1994 (P. Exh. 
10). 

14. For three (3) months prior to the May 12, 1994 suspension, respondent secretly monitored petitioner's title 
processing work at the Raleigh window. Respondent became aware of the altered title document allegations against 



11:3 NORTH CAROLINA REGISTER May 1, 1996 175 



CONTESTED CASE DECISIONS 



petitioner in January, 1994. 

15. As a result of monitoring petitioner's work, respondent found two (2) title documents which appeared to contain 
alteration of some type. Respondent did not confront petitioner nor attempt to determine whether she knowingly 
processed the two title documents. 

16. Upon suspending petitioner on May 12, 1994, respondent did not allow, nor offer to allow, petitioner to review 
or examine any of the 237 altered or modified title documents she was accused of knowingly accepting and 
processing. In her twenty-three (23) career with respondent, petitioner had never received a disciplinary action prior 
to her suspension. 

17. As a title examiner, petitioner processed approximately 250 title documents per week and 1,000 per month 
based upon her f)erformance appraisals' "actual results and comments" from March 21, 1992 through March 31, 1994 
(P. Exhs. 1 & 2). 

18. Between January 2, 1992 and March 4, 1994 petitioner processes about 27,000 title documents at the Raleigh 
window. Respondent appraised her work on three (3) occasions during that period. At no time did respondent raise any 
allegation that petitioner knowingly accepted altered or modified documents (P. Exhs. 1, 2 & 3). 

19. On the afternoon of June 5, 1994 petitioner received a telephone call at home from respondent informing her 
of a predismissal conference. The meeting was scheduled for June 6, 1994 at 9:00 A.M. in the office of Phil Henry, 
Director of Vehicle Registration. 

20. Petitioner attended the predismissal conference and denied that she knowingly accepted altered or modified title 
documents at any time while working as a title examiner. 

21. At the conference respondent provided petitioner with a letter which referenced the altered title allegations. 
Attached to the letter was an eight (8) page list of titles by date processed, vehicle id number and processing error (P. 
Exh.ll). 

22. At no time during the predismissal conference did respondent allow, or offer to allow, petitioner to review or 
examine any of the 237 title documents listed in the June 6, 1994 letter (P. Exh. 19, Tape recording of conference). 

23. In late June, 1994 following her dismissal, respondent allowed petitioner to review and examine the 237 title 
documents in question. Due to the volume of documents, {petitioner continued her examination of same into July, 1994. 

24. During her review of the title documents at the time mentioned above, petitioner identified three (3) documents 
which were processed by title examiners other than herself (P. Exhs. 13, 14 & 15). 

25. For the period January 2, 1992 through March 4, 1994, Respondent found some twenty-two (22) altered or 
modified title documents which were processed by title examiners other than petitioner. None of those examiners were 
dismissed from employment. 

26. By letter dated June 7, 1994 respondent terminated petitioner's employment based upon the allegations 1) that 
she knowingly accepted altered title documents with application for N.C. certificate of title and 2) that she exhibited a 
pattern and practice of accepting altered documents causing titles to be improperly issued on 237 vehicles between 
January 2, 1992 and March 4, 1994 (P. Exh. 12). 

27. At hearing, altered or modified title documents were described exhaustively as any documents accompanying 
an appUcation for N.C. certificate of title which contained erasures, white- outs, write-overs, strike-throughs, darkened 
numbers for mileage, dates, etc., questionable mileage figures between title transfers, inconsistent mileage figures on 
application documents, incomplete documentation, questionable dates of title transfer, absent dealer numbers, 
questionable dealer numbers or identification, missing brands, missing odometer disclosure statements, paper creases 
obliterating numbers or letters on documents, fictitious title documents, holes in documents, missing manufacturer's 
certificate of origin (MCO), mileage missing on MCO, non-conforming title documents, non-certified odometer 
statements, unsigned or un-notarized affidavits, etc. (P. Exhs. 11 & 17). 

28. Some documents (218) processed by petitioner at the Raleigh window between October, 1989 and January 1, 
176 NORTH CAROLINA REGISTER May 1, 1996 11:3 



CONTESTED CASE DECISIONS 



1992 met the above definition of altered or modified title documents (P.Exhs. 17, 17A-17V). This occurred before 
January 2, 1992, the date respondent alleged that petitioner began knowingly accepting altered or modified title 
documents (P. Exhs. 17, 17A-17V). 

29. Petitioner's method of processing title documents accompanying applications for N.C. certificate of title was 
the same before and after January 2, 1992. Processing errors made before that date were also made in 1992, 1993 & 
1994. 

30. Consequently, petitioner unknowingly accepted some altered or modified title documents when she began 
working at the Raleigh window in October, 1989. Petitioner continued to do so unbeknownst to her until her suspension 
on May 12, 1994. None of respondent's jjerformance appraisals cited this as a concern with petitioner's work (P.Exhs. 
1,2,3,4,5,6,7 and 18). 

31. The evaluations of petitioner's job performance by respondent between October, 1989 and March 4, 1994 
consistently showed petitioner to be a title examiner who regularly made title errors. However, respondent's appraisals 
and reviews failed to identify any intent or purpose by petitioner to accept altered or modified documents (P.Exhs. 
1,2,3,4,5,6,7 and 18). 

32. Petitioner did not knowingly accept altered or modified title documents between January 2, 1992 and March 
4, 1994. 

33. Any job performance patterns or practices followed by petitioner as a title examiner at the Raleigh window 
began with her initial employment there in October, 1989. By January 2, 1992 or two (2) years later, petitioner's title 
processing performance, albeit it less than satisfactory, was well established and a matter of record in her performance 
appraisal reviews (P.Exhs. 1,2,3,4,5,6,7 and 18). 

34. On no occasion did Petitioner's immediate supervisor observe any altered or modified title documents while 
reviewing or evaluating her title work during performance review appraisals. 

Based upon the foregoing Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1 . Petitioner was a permanent State employee within the meaning of that term as defined in North Carolina General 
Statute Section 126-39, at the time of her dismissal in June 7, 1994. The Office of Administrative Hearings has 
jurisdiction to hear Petitioner's appeal where she has alleged that Respondent lacked just cause to terminate her 
employment without warning and where she has alleged that Respondent committed procedural violations while 
implementing the dismissal. North Carolina General Statutes Section 126-35. 

2. North Carolina General Statutes Section 126-35(a) provides, in part, that "[N]o permanent employee subject 
to the State Personnel Act shall be discharged... for disciplinary reasons, except for just cause." Where just cause is an 
issue, the Respondent bears the ultimate burden of persuasion. A just cause issue involves both procedural and 
substantive questions. Causes for dismissal fall into two categories: (1) Causes relating to performance of job duties 
and, (2) causes relating to personal conduct - no prior warnings are required under (2). 

3. The Petitioner was not discharged for just cause. 

4. According to the State personnel policy governing disciplinary actions taken on or before June 7, 1994, a 
predismissal conference was to be held following advance notice to the employee. "[IJn the conference, the supervisor 
shall give the employee oral or written notice of the recommendation... The employee shall have an opportunity to 
respond to the proposed dismissal, to refute information supporting the recommended dismissal action and to offer 
information or arguments to support his position. Every effort shall be made by the supervisor or the designated 
management representative to assure that the employee has had a full opportunity to set forth any information in his 
possession in opposition to his dismissal prior to the end of conference. " 

Respondent violated this policy during the predismissal conference when it failed to allow, or offer to allow, 
petitioner to review or examine any of the 237 altered or modified documents she was alleged to have knowingly 



ii:3 NORTH CAROLINA REGISTER May 1, 1996 177 



CONTESTED CASE DECISIONS 



accepted and processed between January 2, 1992 and March 4, 1994. At the conference petitioner could not remember 
processing any of the 237 documents (identified to her only by date, vehicle identification number and processing error) 
listed by respondent; therefore she was not afforded any opportunity to refute information supporting the recommended 
dismissal action or to offer information or arguments to support her position beyond a general denial of wrongdoing. 
In addition, the only notice of conference issued by respondent was a telephone 

call to petitioner's home on the day prior to the predismissal conference with a message regarding the time and place 
of the meeting. Consequently, respondent violated both the letter and the spirit of the p>ersonnel policy governing the 
conduct of predismissal conferences. 

5. Respondent's actions, or lack thereof, upon learning of the altered title document allegations in January, 1994 
were inconsistent with its claim that Petitioner's conduct was unacceptable. For the five (5) month period, January 
through May 11, 1994, Respondent never raised the issue of unacceptable personal conduct with petitioner; its secret 
monitoring of the tide documents processed by the petitioner February through May, 1994 produced only two alleged 
altered or modified documents; in addition, during that period, on March 28, 1994, resjjondent issued a performance 
appraisal review to petitioner 1) containing no reference whatsoever to any unacceptable personal conduct allegations 
then under investigation and 2) rating her job performance as 'very good. " 

6. No evidence showed that petitioner knowingly accepted altered or modified title documents between January 
2, 1992 and March 4, 1994; evidence revealed that petitioner processed title documents at the Raleigh window in the 
same manner from October, 1989 through May 12, 1994, the date of her suspension. 

7. Respondent has not proven by a preponderance of the evidence that the petitioner knowingly accepted altered 
or modified title documents between January 2, 1992 and May 4, 1994 or that petitioner exhibited a pattern and practice 
of engaging in such conduct knowingly. 

Based upon the foregoing Findings of Fact and Conclusions of Law, the Administrative Law Judge Presiding 
make the following: 

RECOMMENDED DECISION 

That the State Personnel Commission order the petitioner reinstated to her former position of the title examiner 
V effective May 12, 1994, with back pay, front pay, where applicable, attorney fees and all the benefits of continued 
permanent employment with the State as of that date. That the Commission further order that respondent expunge from 
petitioner's persoimel file all documents related to this dismissal. 

ADDENDUM 

The parties engaged in discovery for several months in preparation for hearing. Resp>ondent was allowed two 
continuances based upon the unavailability of its witness(es) who resided in the Maryland- Washington, D.C. area. No 
de bene esse /trial depositions were taken by respondent. 

At hearing, respondent's witnesses failed to appear and had not been commanded to appear. Respondent made 
motions 1) to offer the testimony of Ali Soltanifa, who was convicted on December 11, 1995 of felony fraud charges 
in the United States Middle District Court of North Carolina 2) to offer triple hearsay testimony through Wesley Denton, 
an employee of Respondent and 3) to offer into evidence certain telephone records and numbers from an unavailable 
witness and petitioner. Based upon North Carolina Rules of Evidence 803 and 804 and in the interests of justice, the 
motions were denied. Respondent's written offer of proof on these items was made part of the record. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision of the Office of Administrative Hearings, 
P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give such party an opportiinity to file 
exceptions to this recommended decision and to present written arguments to those in the agency who will make the final 
decision. G.S. 150-36(a). 

178 NORTH CAROLINA REGISTER May 1, 1996 11:3 



CONTESTED CASE DECISIONS 



The agency is required by G.S. 150-36(b) to serve a copy of the final decision on all parties and to furnish a 
copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the State Personnel Commission. 

This the 12th day of April, 1996. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge Presiding 



11:3 NORTH CAROLINA REGISTER May 1, 1996 179 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



Ihe North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles 
and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major department in 
the North Carolina executive branch of government has been assigned a title number. Titles are further 
broken donn into chapters which shall be numerical in order. The other two, subchapters and sections are 
optional subdivisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATrVE CODE 



TITLE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


Acupuncture 


1 


T 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, HeaJth, and 


Hearing Aid Dealers and Fitters 


22 




Natural 


Landscape Architects 


26 


16 


Resources 


Landscape Contractors 


28 


17 


Public Education 


Marital and Family Therapy 


31 


18 


Revenue 


Medical Examiners 


32 


19A 


Secretary of State 


Midwifery Joint Committee 


33 


20 


Transportation 


Mortuary Science 


34 


*21 


Treasurer 


Nursing 


36 


22 


Occupational Licensing Boards 


Nursing Home Administrators 


37 


23 


Administrative Procedures 


Occupational Therapists 


38 


24 


Community Colleges 


Opticians 


40 


25 


Independent Agencies 


Optometry 


42 


26 


State Personnel 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


Administrative Hearings 


Pastoral Counselors, Fee-Based Practicing 


45 




NC State Bar 


Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Exammers 


52 






Professional Counselors 


53 






Practicing Ps>'chologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitanan Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



180 



NORTH CAROLINA REGISTER 



May 1, 1996 



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BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE - 1995 



DESCRIPTION 







ONE-TIME 


ANNUAL 






PURCHASE 


SUBSCRIPTION 




CODE 


PRICE 


PRICE 




201 00 00 


$63.00 


$90.00 




201 10 05 


$21.00 


$30.00 




201 10 33 


$17.50 


$25.00 




202 00 00 


$98.00 


$140.00 




202 15 09 


$28.00 


$40.00 




202 15 34 


$21.00 


$30.00 




202 15 43 


$21.00 


$30.00 




202 15 48 


$21.00 


$30.00 




202 15 52 


$21.00 


$30.00 




203 00 00 


$7.00 


$10.00 




204 00 00 


$87.50 


$125.00 




204 15 02 


$12.00 


$40.00 




204 1 5 03 


$24.50 


$35.00 




204 15 06 


$14.00 


$20.00 




204 15 09 


$14.00 


$20.00 




204 1 5 1 


$14.00 


$20.00 




204 15 16 


$24.50 


$35.00 




205 00 00 


$56.00 


$80.00 




205 15 02 


$24.50 


$35.00 




206 00 00 


$21.00 


$30.00 




207 00 00 


$21.00 


$30.00 




208 00 00 


$7.00 


$10.00 


e 


209 00 00 


$31.50 


$45.00 




210 00 00 


$346.50 


$495.00 




210 20 10 


$45.50 


$65.00 




210 20 20 


$31.50 


$45.00 




210 20 30 


$77.00 


$110.00 




210 20 40 


$119.00 


$170.00 




210 20 41 


$31.50 


$45.00 




210 20 42 


$31.50 


$45.00 




210 20 43 


$28.00 


$40.00 




210 20 44 


$17.50 


$25.00 




210 20 45 


$35.00 


$50.00 




211 00 00 


$63.00 


$90.00 




211 1001 


$56.00 


$80.00 




211 10 04 


$24.50 


$35.00 




211 10 05 


$17.50 


$25.00 




211 10 06 


$28,00 


$40.00 




211 10 08 


$21.00 


$30.00 




212 00 00 


$63.00 


$90.00 




212 1007 


$21.00 


$30.00 




212 1009 


$31.50 


$45.00 




212 10 11 


$17.50 


$25.00 




213 00 00 


$77.00 


$110.00 




213 15 06 


$14.00 


$20.00 




213 20 00 


$31.50 


$45.00 




213 15 12 


$14.00 


$20.00 




213 15 13 


$14.00 


$20.00 




213 15 14 


$14.00 


$20.00 




213 15 15 


$14.00 


$20.00 


ntle 


214 00 00 


$31.50 


$45.00 




214 00 08 


$17.50 


$25.00 




214 00 11 


$14.00 


$20.00 


Full Title 


215 00 00 


$276.50 


$395.00 




215 15 00 


$115.50 


$165.00 




215 15 10 


$49.00 


$70.00 




215 15 20 


$49.00 


$70.00 




215 15 30 


$56.00 


$80.00 




215 15 31 


$35.00 


$50.00 




215 15 32 


$17.50 


$25.00 



Title 1 - Dept. of Administration - FuJI Title 

Division of Purchase fit Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Full Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Full Title 

Title 4 - Dept. of Commerce - Full Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections - Full Title 

Division of Prisons 

Title 6 - Council of State - Full Title 

Title 7 - Dept. of Cultural Resources - Full Title 

Title 8 - State Board of Elections - Full Title 

Title 9 - Offices of the Governor & Lt. Governor - Full Title 

Title 10 - Dept. of Human Resources - Full Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Full Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 12 - Dept. of Justice - Full Title 

Private Protective Services 

Police & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 13 - Dept. of Labor - Full Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Full Title 

Alcohol Law Enforcement 
Victims Compensation Fund 



Title 1BA - Dept. of Environ., 

nvironmental Management 

ur Quality 
/Vater Quality 

and & Waste Management 
>otid Waste Management 
Jnderground Storage Tanks 



Health, & Nat. Resources 



DESCRIPTION 





ONE-TIME 


ANNUAL 




PURCHASE 


SUBSCRIPTION 


CODE 


PRICE 


PRICE 


215 15 40 


$31.50 


$45.00 


215 25 00 


$105.00 


$150.00 


215 25 10 


$42.00 


$60.00 


215 25 20 


$35.00 


$60.00 


215 26 30 


$59.50 


$85.00 


215 25 31 


$17.50 


$25.00 


216 00 00 


$21.00 


$30.00 


216 10 06 


$21.00 


$30.00 


217 00 00 


$91.00 


$130.00 


217 15 10 


$31.50 


$45.00 


217 15 20 


$56.00 


$80.00 


217 1527 


$31.50 


$45.00 


217 15 29 


$21.00 


$30.00 


218 00 00 


$21.00 


$30.00 


218 10 06 


$21.00 


$30.00 


219 00 00 


$63.00 


$90.00 


219 1002 


$28.00 


$40.00 


219 10 03 


$35.00 


$50.00 


220 00 00 


$31.50 


$45.00 


221 00 00 


$143.50 


$205.00 


222 00 00 


$0.00 


$0.00 


223 00 00 


$7.00 


$10.00 


224 00 00 


$7.00 


$10.00 


225 00 00 


$42.00 


$60.00 


226 00 00 


$7.00 


$10.00 


227 00 00 


$42.00 


$60.00 


299 99 98 


$375.00 


$750.00 


266 00 00 


.. 


$750.00 


266 50 00 


-- 


$250.00 


288 50 00 


$295.00 


$475.00 


288 80 00 


$40.00 


$75.00 


299 90 00 


$16.00 





Coastal Management 

Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer Si Breathalyser 

Title 16 - Dept. of Public Instruction - Full Trde 

Elementarv & Secondarv Education 

Title 17 ■ Dept. of Revenue - Full Title 

Taxes on Individuals 
Taxes on Business 
Sales &. Use Tax Division 
Motor Fuels Tax Division 

Title 18 - Secretary of State - Full Title 

Securities Division 

Title 19A - Dept. of Transportation - Full Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer - Full Title 

Title 21 - Occupational Licensing Boards - Full Title 

Title 22 - Administrative Procedires Act - Repealed 

Title 23 - Dept. of Community Colleges - Full Title 

Title 24 - Independent Agencies - Full Trde 

Title 25 - Office of State Personnel - Full Title 

Title 26 - Office of Administrative Hearings - Full Trde 

Title 27 - North Carolina State Bar - Full Title 

North Carolina Administrative Code - Full Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 
CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

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PRICE 


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Binderia): rrtled 'OinasI North Carolina Administrttive Code' 
299 90 00 SlSOOssch 






Subtotal 




North Carolina State Sales Tax 16%) 




Shipping and Handling 




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